on Monday August 12th 2024 at around 1:40 p.m. New Mexico State Police received multiple 911 calls reporting a possible drunk driver on Interstate 10 the caller stated the driver was in a gray Nissan with New Mexico plates and that they were swerving all over the road and cutting people off an officer located the vehicle a short time later traveling at 54 mph in a posted 7 75 mph Zone 1246 126 49 I have contact with the vehicle clocked at at 54 we're passing the 91 by the pool traffic standby 12:46 so going traffic here at the 91 Robert Tom young 343 silver Nissan altimo looks like one occupant vehicle was failing to maintain the plane for yes sir hello sir how we doing today your are I'm officer Sanchez New Mexico State Police reason for stoper you're doing 54 miles and into 75 in this area okay you got we also got multiple calls on you serving I saw you face to maintain your lane okay have you had anything to drink today no no any alcoholic beverages no okay any reason why you're uh not maintaining your lane and going so slow straight I'm sorry straight you weren't going straight As the officer was talking to the driver he was able to observe the driver having bloodshot watery eyes and having slurred speech okay do you have your driver's license registration insurance registration Insurance uh rental it's a rental do you have a rental agreement no no where are you coming from Sir Al Paso El Paso yeah okay when was the last time you had something to drink what do you mean when was the last time you had an alcoholic beverage two days ago 2 days ago yeah okay all right sir you have uh your paperwork for your uh rental agreement no no all right do you suffer any uh medical okay so why are you driving so slow I don't know you don't know yeah okay all righty just give me a second I'll be right back okay take care the driver was identified as 58-year-old Daniel BZ all right sir do me a favor go ahead and step out of the vehicle for me real quick what goad and step out of the vehicle for me yes sir you dumped your drink what huh what you dumped your drink your ice no no yeah yeah yeah what is that coke huh Coke was that that was a Coke okay are you chewing gum now what is that no yeah all right do you speak better English or Spanish English English okay so I'm getting kind of a a smell of something okay but I can't really tell if it's if it's alcohol or not because it's it's kind you have your AC and then now you're chewing on something I don't know what it is okay do you know where you're at right now yeah I'm going to Tucson tucs okay and what what is your uh um what state are you in right now uh New Mexico okay how old are you 58 who's the president of the United States Biden I'm sorry Biden okay and what's your date of birth all right sir so obviously I mean I'm the reason why I'm talking to you right now and I brought you out was because I have a feeling you're under the influence of something okay either it's alcohol either it's are you do you take medications uh when was the last time you got checked today today yeah when morning where at a question were you at the doctor's no no myself you checked yourself yes okay and you were good okay where where so you were staying in op Paso are you from op Paso at all you're from op Paso are you are you and you're visiting to Arizona or you're visiting op Paso I'm sorry work work where do you work BSI uh-huh and toal you're going to whates noal Nogales okay all right sir do you mind if I do some standard field sobriety test on you just to make sure that you're good to go blood I'm sorry take blood test no I'm going to do this feel sobriety okay okay would you be would you be okay with doing that subjective what is that subjective no it's not it's it's it's standardized all right okay go ahead and stand over here for me [Music] please all righty sir what I'm M you do first okay tell me all right right start right there stand with your feet together like this Hands by your sides all right Put Your Hands by your sides M how I have them right there okay feet together more closer okay I need you to stay in that position until I tell you to start the test do you understand that okay so what I'm going to do for this test you see that tip of my pen right here I'm going to move it right to left okay a couple times in front of your face m I need you to follow with your eyes and your eyes only okay do not move your head do you understand yeah okay follow with your eyes go tip on my pen do you see it okay I need you to follow with your eyes and your eyes only yes okay don't move your head [Music] follow my pen okay [Music] yeah look at my pen okay I need you to look at it for [Music] okay so for the next test what I'm going to have you do you're going to put your right foot in front of your left okay so it's going to be like that okay Heel To Toe do you understand and then put your hands to your side so do what I'm doing right now go ahead and do it go ahead and put your right foot heel to toe on a straight line put him straight Heel To Toe straight okay try that again heel to toe heel to toe heel so the heel of your right foot hitting the toes of of your left foot okay go okay yeah all right I need you to stay in that position until I tell you to start okay so what I'm going to have you do is put your hands to your side just like how we did on the first t test and stay in that position until I tell you to start okay I'm going to explain this test to you and what it consists of okay so you're going to imagine that there's a straight line okay about the width of your foot okay you're going to do a total of nine steps Heel To Toe okay I'm going to demonstrate it for you and then I'm going to have you do it okay I'm only going to do three you're going to do nine okay go ahead and stand in the position that I instructed you to do so Heel To Toe hands to your side okay so you're going to start the starting position okay you're going to do a total of nine steps okay on that straight line and you're going to count out loud as you're doing each step okay so it's going to look like this one two 3 I'm only going to do three you're going to do nine let's say this is the ninth step you're going to do a series of steps and you're going to continue back on that same straight line okay one 2 3 okay let's just say this is my ninth step after your ninth step you're going to you're going to be done okay I need you to count each each step as you go out loud do you understand this test yes go ahead and begin 1 2 3 4 5 6 7 8 9 10 are you done okay let's go back to the other to the other one to where you were at to your starting position all right go ahead and turn around for this test I'm going to have you just like the first one stand with your feet together hands to your side okay can you do that for me please all right and get Scoot a little bit this way just a little bit right there all right there your More Level right right there okay you're going to stay in this position until I tell you to start okay do you understand all right so for this test you're going to choose either your right or your left foot okay whichever one you want all right you're going to lift it up approximately six six Ines off the ground okay and you're going to count out loud 1,1 1,2 13 until I tell you to stop okay so I'm going to demonstrate it for you do me a favor keep your hands to your sides until I tell you to start okay I'm going to pick my right foot okay so what you're going to do is lift it up parallel off the ground okay point it out and you're going to be looking at the tip of your toe and you're going to count out loud 1 1,000 2 1,000 3 1,000 4 1 5 until I tell you to stop do you understand this test go ahead and begin one two 3 next okay it's going to be until I tell you to stop okay so you're going to keep counting until I tell you to stop are you ready yeah uh go ahead and begin 1 2 3 1 4 1 5 again 1 1 2 1 3 1 4 1 [Music] 5 you're going to keep counting until I tell you to stop continue 1 2 3 4 5 6 7 8 9 10 okay all righty let's go buy your car on once again how much alcohol have you had today nothing nothing okay I can smell it now all right now that you don't have nothing okay I can smell it okay so your best bet with me okay is you're going to have to be honest all right if you don't want to be honest that's up to you okay I'll leave that up to you and whatever you want to do with it okay but it helps you when you're honest how much have you had to drink today I don't know you don't know yeah all right so where where we were at okay more or less okay I just want to know again if you don't want to tell me that's completely up to you okay cuz right now I do believe you're under the influence okay so how much did you have to drink today what's in car what's that what in the car what's in the car just whatever liquid you spilled on the floorboard oh I'm sorry nice and okay that's fine all right is that what you want to stick with yeah okay so go Ahad and stand up over here I'm going to do one more test on you okay do you know do you know how to count let's just say from do you know how to count I'll just start with that do you know how to count yeah okay what was your highest grade uh in school Masters got a masters okay all right so I'm pretty sure you know how to count right all right so what I'm going to have you do okay stand with your feet together all right and just stay in that position okay what you're going to do is with your fingers okay the tip of your the tip of your fingers okay you're going to count 1 2 3 4 4 4 3 2 1 1 2 3 4 4 3 2 1 three times okay make sure you count and you touch the tip of your fingers as you count okay 2 3 4 4 3 2 1 okay three times 1 2 3 4 4 3 2 1 2 3 4 4 all right now count from the next one sorry okay you're going to count backwards 52 51 to be sorry 47 to 27 okay 47 27 yes can you count 47 46 45 43 44 43 4 2 42 43 well 41 and 41 so far 27 41 40 40 41 uh 37 39 38 and 3 38 39 37 9 39 38 38 37 okay all right do me a favor go ahead and turn around put trans Trans on your back for me you're under arrest for gwi okay really yes Sir Daniel was placed under arrest for aggravated DWI failure to maintain a lane and impeding traffic I'm going to put double cuffs on you okay that way they're not too tight or they're not stressing you too much is that comfortable for you those cuffs okay all right do you have anything on your person that can stick me poke me har me in any way okay anything like a knife nothing like that okay all right we're going to walk to my unit all right do you have anything else in your mouth no no did you finish what you had already okay all right I'm going to go here on that side okay going to stand right by my by the hood of my car so right here okay I'm going to search your person to make sure you have anything else okay okay these phones would you like them to go with you or you want to leave him in the car I'm sorry me with you all right so we're going to walk this way now stop right here all right go ahead and step in there Sur just watch your step okay all right I'm going to put I'm going to go around you and put the seat belt on you okay go ahead and face your that way can we get it uh hold up yeah please I'm going to have him get it on that side [Music] all right give me a quick second all right so can I just check your mouth again again okay want to check it out real [Music] quick yeah he's gotu in his mouth you got a bottle of water in the car yeah okay you mind if we get it for you all right purpose I'm sorry what's the purpose what's the purpose yeah okay we'll explain that here in a bit okay first of all I just need to make sure there's nothing in your mouth which is which is going to be just flushing all that stuff that you have out from the seeds or whatever that you were eating okay once they flush that out then we go to the next step okay have you ever been arrested before sir no never been arrested before okay you never had a DWI no okay do you know where your water bottle at I'm sorry drinking a Coke drinking a Coke yeah nice thank you s just take them out and just have them spit it all out again okay you have water no I'm not let me go and B I can book them all right sir going to have you try to spit everything that you have in your mouth out oh all right go and step out so it doesn't follow my unit oh you want me to do what just spit out whatever you have left in your mouth right there you still got a lot of stuff in there man try to get the most out of it out oh he's got a water bottle oop sorry one more okay all right check his mouth and then start let me check your mouth again all right that's a lot better go ahead and sip in there for me I don't I don't want you to fall oh you're good you're good you're fine got you right here all right sir so is stand just watch him real quick thank you listen to me I'm about to tell you something important you are under arrest for DWI the New Mexico imply content act requires you to submit to a breath test to determine the alcohol content of your blood after you take our test you have the right to choose an additional independent test if you choose to take this additional independent test you have the right to reasonable opportunity to arrange for a physician a licensed nurse or a laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by the law enforcement agency do you agree to take our test yes okay sounds good so we'll we'll head down to the office and uh do the test that 12466 1246 can you start me a 20 minute de all righty face that way for me again try to get it on Daniel was transported to the state police office in Deming where he gave two breath samples all right go Ahad and stand up for me you're going to blow right there take a deep breath blow M got to blow hard go go go go go go go go go go go no you got to blow until it stops blow blow blow blow blow okay you need to take a deep breath and then go blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow blow no you're it's going too light okay you need to blow [Music] harder blow blow blow blow blow blow blow blow all right stop take a deep breath until I tell until I tell you to stop blow blow blow blow blow more more more more more more more more more harder harder harder harder harder more more more more more more more more more more more more more more more more more more yeah you're blowing too light man cuz it's [Music] stopping all right stop all right goad and sit down for me we'll let it run see if it got it all right go and set up again one more time okay I have to get deep breath and blow ready y go go go go go more more more more more until it starts sounding you need to blow harder there you go there you go there you go more more more more you're doing it again man all right stop sir you're going to take a deep breath blow hard okay until I tell you to stop blow blow blow blow blow blow blow blow blow more more more more more more more more almost almost almost almost almost almost almost almost almost almost go go go go yeah you're doing it again you're blowing way too little okay stop need to be a little longer than your first one okay you were almost there but you gave up and you blew it just a little bit okay you need to blow strong consistently for a couple seconds okay that way it got a good reading on you okay blow blow blow blow blow blow blow blow blow blow blow blow blow just like that just like that more more more more more more more more more more more more more more more more more there you go see there you go it that's it well I think so the samples came back reading .19 and 21 okay you know what the legal limit is sir it's a 08 you know where you're at Point uh 0. 2119 okay so you are aggravated um DWI at this point8 08 is a legal limit you're at .1 n21 those were the two samples you provided okay so that's an aggravated DWI all righty goad and stand up for me going and turn around face the wall Daniel was later transported and booked into the Luna County Detention Center Court records indicate Daniel pled no contest to the DWI charge in exchange for all other charges being dismissed by the prosecutor court records indicate Daniel was ordered to complete a driving school complete community service and was put on probation however court records don't indicate how long the probation is or how much community service Daniel was required to complete me a favor take a seat we'll be right with you okay