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Edit Transcript - 18-Year-Old Woman Repeatedly Denies Drinking Alcohol but a Blood Test Proves Differently
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18-Year-Old Woman Repeatedly Denies Drinking Alcohol but a Blood Test Proves Differently
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4091 COPY. 5538 JACKIE UNIVERSITY Boulevard 5517 5630 traffic Adam 11 for Spanish Hill 4 Adam 11 for Spanish Hill 5630 traffic And we'll talk you in. Yep, go ahead. My apologies. University and Seagull Adam Mary Paul Paul 3279. Slow stop, hit the curb, and my partner's out with me. Was that Adam William Paul? Adam Mary Paul Adam Paul Hey Kathy. Hi, I'm Officer Manager in Sherwood Hills Police Department. Reason I stopped you today is your speed, 63 in a 30. Any reason for it? >> on? No. >> Can I get out and park and get my Okay, do you have your license? Yeah, I do. Okay. I have it. I got her license, Drew. Keys out of the car. Thanks. Do you want to take this one or you want You want me to take it? Okay. Um any reason for the speed? No, we're just getting food. Where are you guys getting food from? I didn't realize. I got you. Where you getting food from? >> McDonald's. Um what What's McDonald's where you plan going to? >> to my house back in Greenway. Okay, I got you. Um did you know you also ran the red light at University and Sherwood Boulevard? Yeah, but I was going too fast to slow down. Why? >> Why? Well, I'm glad you admitted that cuz yes, you were definitely going too fast to slow down. I had >> realized that >> I had to fly to catch up to you. Once I ran that red light, I realized that I was going too fast cuz normally you can't slow down before that. >> You did realize and you kept going really fast as well, but I'm not going to lecture you. That's not why I'm out here, okay? Um where you coming from tonight? We're coming from the lake. The lake? The Madison Union? Okay, how long were you guys at the Union for? Um maybe like an hour. An hour? Okay, I got you. Where were you guys before the Union? Nowhere. I just picked him up from my house. Okay, how much did you guys drink tonight? Nothing. Really? Nothing? No. You're driving 67, sorry, 63. I can smell alcohol coming from the vehicle and you haven't been drinking at all? No. On a scale of 0 to 10, 0 being sober and 10 being most impaired you've ever been, where would you put yourself at? Zero. Okay. Who's uh Who's Miller Lite back there? Oh, that was from my friend a few days ago. We went to the lake. Okay, I got you. Your eyes look also watery and bloodshot. What would that be for? Um I have an eye condition in my corneas. Okay, I got you. Do you have any medical issues? Um just the seeing. Okay. Okay, I got you. What I'm sorry, what was that? I have compartment syndrome, but I don't see how that would be relevant. >> Well, I don't even know what that is. Yeah. Okay, do you want to hop out of the car for me? You want to stand right there. Is that just uh >> That's an energy drink. That's an energy drink? All right. Let me go back here, okay? Okay. All right, back there to my car, okay? Right here. Right there. Just stand right there. All right. So, you're at the um You at the Memorial Union at campus for how long? About an hour or two. >> An hour? Okay, what you guys do out there? We just hung out. There was live music. What's his relationship to you? Uh that's my ex-boyfriend. Ex-boyfriend? Has he been drinking? No. No, so no one's been drinking? Mhm. Okay, I got you. Okay, his ID quickly. We were with friends who were drinking, but they weren't Maybe 30 minutes ago. >> You understand the totality of everything that's happening, why I would be asking these questions, correct? Yeah. With the speed, the running the red light >> Yeah, my friend Ryland died to a drunk driver, so Okay, I got you. Um You You mentioned a couple medical conditions. What were those again? Compartment syndrome. Okay, I got you. Um any hip injuries? Uh I dislocated my hip. How long ago? Uh year and a half. Okay. Um shoulder injuries? Um I hurt nothing serious. My left shoulder a while ago. >> Head injuries? Uh I've had two or three concussions. Okay, when was the last concussion? 3 years ago. Um you able to walk short distances and everything? I'm sorry, what was >> You able to walk short distances and everything? Yeah. Okay, when was the last time you ate? Uh this morning. Okay, what did you have? I had leftover burger. Leftover burgers? Okay, I got you. What time was that at? Uh 10-ish. Okay, what time did you wake up? 8:00. Okay, what time How long did you sleep last night? Um I have insomnia, so I don't sleep that much. I know. Maybe I fell asleep around 12:00. Okay, are you on any prescriptions? Just antidepressants. Okay, what What's the med What's that medication called? Um sertraline or something. Okay, does that have anything on it that gives you a warning that you shouldn't be drinking or operating a heavy vehicle with it? No. How many milligrams of that do you take? Um 75. Okay. When was the last time that you actually had an alcoholic beverage drink? About 2 weeks ago. 2 weeks ago? Okay, I got you. Um wait with my partner for a second, all right? Here, let's step up on the sidewalk so we're out of the roadway. Okay. You haven't had anything to drink tonight, huh? No. How old are you? I'm 18. Do you always carry Miller Lite in the backseat of your car? No, me and my friends went to the lake. My cousins are 21 and so are their friends, so we were with them. But you understand being 18 Yeah, I understand, but my parents and my uncles were there, too, so Okay. So, if we called your parents, they would know about this Miller Lite in the backseat. This is theirs. They're going to take ownership of it. >> theirs. It was my cousins, but But they would know about it? >> Um I don't know if they know about it, but they would be okay with it. They were there when we were drinking, so Okay. But you're 18? Mhm. Have you ever been arrested before? No. Okay. Are you going to arrest me? I don't make that decision. All right. Um How old are you? 18. 18? I got you. So, you shouldn't be drinking at all, right? No. All right. With the totality of everything, I want to make sure that you are safe to drive the vehicle, okay? I mean, you're displaying a lot of signs that are consistent with impairment. And I just want to make sure you're Are you able to do field sobriety? Are you willing to perform them for me? Yeah. Okay, I got you. Um Want to you No weapons or anything in the vehicle, right? No weapons? Okay, can you stand right here? Mhm. Can you face me? Mhm. Right here, right here. Can you stand heels and toes together? Just arms down at your side. Nope, heels and toes together, arms down at your side. Have you done field sobriety before? No. Oh, you just knew to put your foot in front of the other. >> seen it on TikTok like people like fall around, so Okay. First thing I'm going to do is I'm going to look at your eyes, okay? Do you See that my finger right there? What I need you to do is just follow with your eyes, your eyes only, keeping your head still. Can you take your hair and put it behind your ears for me? Okay, follow just your eyes, your eyes only, keep your head still, all right? Do you have any questions? No. All right. My house don't go that far. I don't know if that's like a >> Okay. Got you. Can you tell me you had an energy drink for me? All right. Okay. 4829 I'm going to take this finger and I'm going to go straight up. All right. So, still nothing to drink, right? Yeah. >> Nothing? Um can you call out fields? Yes. Did Um you had an energy drink earlier. Well, an energy drink isn't going to show me statements. All right. Um so, this is a pretty flat surface. You agree? We're going to I'm a golfer, so it's slanted to the right. Oh, do you want to use the white line on the road? I I really don't. Okay. All right. We'll go right here, okay? All right. We're going to utilize this line. So, I want you to imagine a line going out the length of your car, okay? I want you to place your left foot on that line. I want you to place your right foot in front of it with your heels and toes touching. Keep your arms down by your side. Stay in this position until I instruct you to do otherwise. Do you understand? Okay. Can you stand like this? Nope. Uh left foot right foot Yep. All right. Do you have any questions so far? I just stand the way Just you want to stand like that for now, okay? When I say begin, you're going to take nine heel-to-toe steps walking down this line towards your car. After your nice nine, yep. After your ninth step, you're going to place your front foot on the ground. You're going to take a series of small steps turning around. You're then going to take nine heel-to-toe steps walking back down this line, okay? Okay. For my demonstration purposes, I'm only going to do three steps. Uh you're going to do nine though, okay? It's going to look like this. And just I'm just going to take one step over just uh give myself some room. Can you go ahead and stand back in this position for me? All right. So, like I said, three steps. I'm going to do three, you're going to do nine. Can you stand back in this position? Thank you. It's going to look like this. One, two, three. Place that front foot on the ground, take a series of small steps turning around. One, two, three. Again, I took three steps, you will take nine. Remember for this test to look down at your feet, count out loud, keep your arms down by your side, and do not stop the test until you've completed it. Do you have any questions? Um Do you want me to go right now? If you don't have any questions, you may begin. One, two, You Keep your arms down by your side. Stepped off. Okay. All right. This next test is going to be called the one-leg stand. You want to do it up here or would you like to do it back down there? All right. You can look out towards your vehicle then. Just you can use the white line again, okay? I need you to stand heels and toes together, arms down by your side just like this, okay? When I say begin, you're going to raise the foot of your choice, either right or left, off the ground approximately 6 in. You're going to count in the following manner: 1,001, 1,002, 1,003, 1,004, and so on and so forth until I tell you to stop. Uh I'm going to demonstrate this for you. For my demonstration purposes, I'll utilize my right leg. It's going to look like this. My foot's about 6 in off the ground. It's going to be flat flat and parallel to the ground. My arms are down by my side. I'm looking down at my foot. I'm going to count in the following manner: 1,001, 1,002, 1,003, 1,004, 1,005, and so on and so forth until I tell you to stop, okay? Remember for this test to look down at your feet, count out loud, keep those arms down by your side. Do you have any questions right now? No. Okay. If there are no questions, you may begin the test. All right. 1,001 Approximately 6 in. 2 1,003 Keep it flat. 1,004 1,005 6 7 1,008 1,009 10 11 12 13 14 15 16 17 18 1,019 1,020 1,021 2 3 1,024 All right. You can stop. All right. We're going to do a couple more tests. Um this next test is called the modified Romberg. Um pretty much what I'm going to have you do is to stand heels and toes together, arms down by your side, okay? Um when I say begin, you're going to close your eyes. You're going to tilt your head back up looking at the sky. My eyes aren't going to be closed for safety reasons. Yours will be. You're going to estimate the passage of 30 seconds. When you believe that 30 seconds has elapsed, I need you to bring your head forward and tell me to stop, okay? Okay. Do you have any questions? No. Okay. All right. If there are no questions, you may begin. Sorry, I get really nauseous when like walking Okay. Do you know? Okay. How long was that? About 30. Okay. How did you get to that? Counted. Counted? Okay. I got you. That was 53 seconds. Um Well, I didn't count the gaps. Got you. How did you count? 1,000 Okay. Um Let me Let me see one thing. Stand heels and toes together, arms down by your side. I'm going to take that same index finger I did before. What I'm going to do is I'm going to go around the circumference of your face twice counterclockwise in a circle like this. And I'm going to come in and converge on the bridge of your nose. If you feel the need to let your eyes cross or converge, just let them do so, okay? Do you have any questions? Do you want me to follow it? >> Follow my finger like the first test we did. But I'm just going to come in on the bridge of your nose. If you feel the need to let your eyes Do you want me to cross them? Yep. If you feel the need to let your eyes cross or converge, just let them do so, okay? Okay. Do you have any questions? No. All right. One more time. 40 seconds Okay. Um This last thing I want to do is just a preliminary breath test. Just a PBT. Are you willing to provide a sample? My dad's a lawyer, so I'm not going to do Okay. If you don't, that's fine. I'm just going to go with all what I determined with the field sobriety tests then. Um I'm not going to force you to blow into that though. Um if you had to rate yourself on a standard A to F scale, how would you rate yourself on these tests? To what? On the standard A to F scale like in grade school, how would you rate your performance on these tests? Um Maybe like a B. Okay. And why do you say that? >> Cuz of the counting and then I missed one step on the line. Got you. Do you think that you would have done better on this test if you hadn't consumed an intoxicating beverage or illicit illicit substances? I didn't. Okay. Based off what I'm seeing in my training experience, I believe that you're under the influence. All right. I'm I'm seeing enough clues of impairment. So, what I'm going to have you do is I'm going to have you turn around and put your hands behind your back. I'm going to place you under arrest for OWI first offense. All right. 56339555 9633 copy. Okay. Nothing in your pockets or anything, right? >> No. Okay. I got you. Um can you just separate your legs for me? Just going to make sure there's nothing. Oh. We can go ahead and take a seat in my car. Go ahead. Uh one second. Let me unbuckle the seat belt quickly. I'm going to Okay. Yeah, you want to go ahead with the combo? Yep. All right, I'll be back up to talk to you in a few minutes, all right? >> I to do with my car? Um Well, we'll talk about that in just a second, okay? So, right now you're being charged or cited because it's a forfeiture with operating while intox- sorry, operating while under the influence, first offense. Um I'll explain the whole citation after we're done with everything, all right? Um the next step in this process is I have to read you this document called the informing the accused. I have to read it to you um pretty much verbatim. I can't change anything on it. I have to read to you as is, all right? All right, informing the accused. Under Wisconsin implied consent law, I'm required to read this notice to you. You've either been arrested for an offense of alcoholic driving or operating a motor vehicle under the influence of alcohol or drugs or both. This law enforcement agency now wants to test one or more samples of your breath, blood, or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privileges will be suspended. If you refuse to take any test this agency requires, your operating privileges will be revoked and you'll be subject to other penalties. Will you submit to an evidentiary chemical test of your blood? Sure, no. So, no? No. No. I have to do anything with needles, no. Okay. Okay. Then we have to get a warrant. >> I'm sorry. Hey, how you doing? >> Okay, so my partner is going to get a warrant, okay? >> What is the warrant for? My car? No, the warrant is so that we're going to get a judge to say that we're going to take your blood tonight, okay? So, you're going to do a blood draw tonight. So, that's what the judge is for. So, that's why I wanted I wanted you to talk to your mom because you're going to go down to the hospital and you're not going to probably get out of there for like another hour, hour and a half. So, I really hope your friends answer. Wait, so when am I going to get home? Huh? Like, how long till I leave the like, I'll be able to leave the hospital? I'm guessing you're probably looking at like 2 hours. Your mom's calling back again. You sure you don't want to talk to her? Last chance. >> to her. All right, this is your last chance. You're not going to be able to put it up to your ear, so. There you go. Hello. Hi. Hi, what's going on right now? I'm arrested. So. Why? What did you do? Nothing. The cops think I drank. Where are you right now? Um Old Middleton Road. Were you driving? Yes. Were you drinking and driving? No. Why are you arrested? Because. Because why? Because they think I did. What did you tell them about the blood test? I told them no cuz that [ __ ] is false. Well, I told them to do that. What are you doing right now? Can I please speak to the police officer? Sure, he's right here. What's your mom's name? Elizabeth. Okay. Hi, Elizabeth. Hello, how are you? Good, this is Officer Kalakaua, Shorewood Hills Police Department. So, uh my partner has arrested, I'm guessing this is your daughter, um for operating a motor vehicle while intoxicated. Um so, she sounds like she's refusing to get a blood draw tonight, so we're working on getting a warrant tonight, which is going to get us her blood. So, uh that's what my partner is working on. She's going to go to probably Meriter Hospital uh for the blood draw, and that's where we're at with things. So, you have any questions for me? Um yeah, I'm just in shock right now. So, you're taking her to Meriter Hospital? That's uh tip- this is my partner, he's on the phone right now. Uh typically it's where we go, so I'd say there's a 99% chance she's going there tonight. Um and >> else in the car with her right now? Nope, she's in the back of a squad car right now. Well, who was in the car with her her her car? I don't know I don't know who he was. I didn't get his name. He was a male and he left. He got an Uber. So, can you just give me a little uh heads up and as to what exactly is going on, please? Yep. What what the situation is and what's going down? Yep, I I usually don't because there she's an adult, but I'll give you a little bit of info cuz I saw you call several times and I offered her to talk to you many times and she didn't want to. Uh so, the gist of what happened tonight is she was speeding down University Avenue going 63 mph in a 30 mph zone. She was pulled over. Uh my partner conducted standard field sobriety tests on her um and uh based on those results of whatever he saw, uh he made the decision to make an arrest on her tonight. So, she has been arrested uh for operating at this point operating a motor vehicle while intoxicated. Um we our department uh uses blood as uh we do blood draws uh for anybody that's been arrested for operating a motor vehicle while intoxicated. Um it's a it's a simple process, takes usually less than about uh 20 minutes. Um your daughter has refused to give her blood voluntarily, so we have to go for a warrant. So, my partner is working on getting that right now. Um we just all that simply is is we just call the on-duty judge, tell them what we have tonight, and they either approve or deny the warrant. Um so, that's kind of how that's kind of how it goes. So. Okay, so where's the vehicle and are you taking her to the hospital? Yep, uh my partner is going to take her to the hospital. They should be on their way uh here momentarily. I parked her Jeep, I believe it is, at it's parked at uh 4622 University Avenue. It's the State Crime Lab. It's if you go to North Segoe Road, um it's it's parked in that parking lot. I have her property, her purse, her keys, her wallet. Uh that will all go with her tonight uh down to the hospital. Once my partner is done with her at the hospital, she has to get a responsible party that will come pick her up, and this is where it what led me to wanting her to talk to you cuz she kept telling me that a friend was going to come get her. Um I said your mom is calling several times, and if you can't get a responsible party uh to come get you from the hospital, then what happens is you go and you you go to jail for 12 hours. So, we want to avoid jail tonight. So, what we're going to do is we're going to go down to do the blood draw uh once the warrant's been approved. I would say it's going to happen within the hour here. Uh and then I would say sometime between an hour, hour and a half at most, um she's going to be calling you or whoever her responsible party is tonight um to come pick her up. And if she can't find one, then we take her to jail. Okay. All right. All right, so next steps is we wait to hear from her from the hospital after she's had the blood Yep. done, and and then if she is found guilty for driving under the influence, then we have to deal with that. That's all that's all through the court system. She's been she's already been placed under arrest tonight, so my partner has enough probable cause to place her under arrest for operating while intoxicated. So, she's walking out of here with, you know, if we can if we can get a responsible party, usually it's a some some citations um and a mandatory court date um that she will attend um at some point. And then because she has refused um because she has refused the um blood draw tonight, she is going to also, I believe my partner will explain all this to her, her license will be revoked. So. Okay. All right. You want to talk to her one last time? Otherwise, we're going to we're going to head down to the hospital. Otherwise, I can open the door and you can say bye to her. Okay, I'll talk to her. Thanks. >> You want to say bye to your mom? Sure. Bye. That's nice, Emma. Love you. Not good enough. Bye. Goodbye. Thank you. All right, do me a solid, hop out for me. Just lean against my car right there. I got to lock my door. All right, let's go inside. I'm just going to hold on to you guys. I just don't want you to fall cuz you're in handcuffs. We're walking in this way? Yes, ma'am. We're going to take a left here. And if I take your handcuffs, you're not going to fight, resist us, or anything? >> sure if I'm going to attack. So, that's a no, you're not going to do anything? All right, awesome. Sometimes your sarcasm I I'm not understanding it. All right, go ahead, take a seat for me. I'm here? Yep. Am I taking a blood test here? Yes, the blood test is going to happen whether that says zeros or says 2.267 or whatever number is going to be on there. Blood blood draw will happen either way. Cuz this is just like I said, I'm a DRE. I have a hunch of what's going on. This just helps me confirm we have a running log and everything like that that we use just for our documentation. Nothing that this shows can be used in court. It's not admissible. It's just information that I can use for my documentation. And like I said, it's not going to be counted against you or however you want to phrase it. Does that make sense? Cuz the blood results or the blood test, that's going to be that's going to happen regardless. That's what'll be used to show impairment or not. This is just something that I would like to see so I can see how accurate my functions. Does that make sense? Yeah. So if you take a deep breath and blow long as though you're like blowing up a balloon. Not and not You got to do it long. Okay? Just take a deep breath and you'll hear it click when it's done. Deep breath and blow blow blow blow blow blow keep going keep going keep going keep going. There it is. You want to do the blood draw now? Thanks. And that's about what I suspected. All right. And you said you took it >> it? 138 Not not the highest but The highest I've actually seen was almost a five and that point people die. A few moments later. But Woah, that's all my blood? Yep. Oh, I didn't even know. Look at that. You didn't even know this. Let's go. I can drop you off there. Drop me off at the house? I'm not dropping you off at a house party. But like I'll drop you off at a friend's. Yeah. If you can get a hold of them and they're coming out to sign a document that's All right. You want to open the door? Yeah. Yeah. Yeah. Sorry, you don't get to sit up there. All right. Make sure you put your seatbelt on. All right. Because you did say no to the inform you accuse your license is going to be revoked. So that's probably the downside for you. Yeah, that's what I figured. Um When was your arrest time? 40 traffic So we can I mean I could take you to jail. Um Typically like if someone is being respectful and not an ass, I don't take them to jail. Um So it just depends on No, I mean the guy yesterday I dealt with wasn't super nice but Okay dokey, I'm just going to explain this all to you, okay? So you're going to have a mandatory court date of August 11th, 2020 at 5:00 p.m. Village of Shorewood Municipal Court, 8 Town Square, Brookfield, Wisconsin. That's going to be right in that hall. Go to the left of those doors or sorry, to the left into those doors and go downstairs to the basement. Six points deposit 9860. Um this is your information here. That's what the statute is. That's my information a little bit more detailed right there. This is the inform you accuse that document I read you. Your response was no. >> My bill is $986. Well, it's an OWI. This is a little bit more than just a simple speeding ticket. Um So uh inform you accuse Um you speed 30 3 mph over that's a $218 ticket with six points off your license. Um it's a technically I said no on here but you are going to have to appear for the OWI so you might as well appear for this. Same time, same court date. The reason I put it out to August is because I have to send this blood draw kit out to the state hygiene lab. I won't do that till Monday. Takes about a month for it to come back for alcohol. So after it comes back, then um we'll we'll wait for those results and if it's above a point 08, there'll be another ticket. If that's the prohibited alcohol concentration ticket which is the PAC. Um this is going to be failure to stop at a stop sign is supposed to be red light. Um I'll change that post this. But three three points deposit 98,080 cents. That's for blowing the stoplight at uh University and Shorewood Boulevard. All right. Because you said no to the inform you accuse, I applied for a search warrant to seize your copy of the search warrant. That's that document I read you in the hospital, okay? And then finally this is notice intent to revoke operating privileges. Um once you get home, I would read that and kind of get a better understanding for that, okay? Do you have any questions on any of that? Um is 900 whatever my total? Uh well, you're going to have >> just from the >> That's just the OWI. You're going to have the three tickets. Um so I would go with >> probably going to be like a thousand five hundred. 1400? Probably, yeah. So Um Yeah. Just uh how long till your mom gets here? Three three more minutes. Okay. I can get you. Yeah, once she gets here, I'll release you uh and then um get you going, so. Hello. Hi. Are you mom? Unfortunately. Oh. Um Sorry about the weeds. We You want me to come over there? >> Yeah, sure. I just need you to sign this. Do you have your ID on you? Yeah. I've already explained to her the ticket. I'll let her explain everything else to you, so. >> Okay. Um that's all her stuff right there. The keys there. Um the car's parked at the state hygiene the state crime lab. That's that's right. Let me let me grab your name. I was in a different situation when I ran out. >> No, that's uh that's quite okay. I'm sure this is not the call that you probably wanted at 1:00 a.m. or whatever time it is. What's your first name, ma'am? >> Elizabeth. So all you need to do is read this. Pretty much it's saying that you're okay and that you're willing to watch her and not allow her to drive in the next 12 hours from their arrest time. Okay. Then sign here, print your name and then you can date it for today. Okay. Do you have a pen? Oh, of course. I'm so sorry. Here you go. And then she'll have court. It's going to be all at the Village Municipal Court right there. Okay. Thank you. Yep. Are you allowed to talk on the phone? No, you talked to my partner. You can hop out, ma'am. Uh your mom took your stuff. 40 traffic Um no, you talked to my partner. Uh also Colic. Colic off. Pay attention to what you're talking about. Pay attention to what you're talking about. 24th today? I think it's the 25th now. Oh, cuz it's the next day. >> Yep. Thank you. It always confuses me, too. And I work nights. Anything else you need me to do? >> That should do it, ma'am. Okay. All right. I wish you guys a better night. All right. I appreciate that. Thank you. Thank you. Be safe.
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