January 19th, 2025. Orlando police responded to a vehicle fire on the roadway. The tire was gone. The metal rim had been dragging on asphalt long enough to ignite the road. Inside the vehicle, a woman coming from a hookah lounge, officers observed signs of impairment. She had been awake since 6:30 the previous morning. She told officers she had one cocktail tequila and dragon fruit around 11:30 p.m. Then stayed at the lounge until 4:30 in the morning. Florida's DUI statute does not require a breathalyzer number. It requires one thing that normal faculties are impaired. Balance, judgment, reaction time. First offense up to 6 months. >> I got the passenger window fixed. I got the driver's side window fixed. Like there was a few lights that were not working. So I got all of that fixed. Basically a week ago. >> So but >> No, everything was fine. They literally checked everything. They told me it was okay to drive the vehicle. I have the the title. I have the car filled up. I have the Everything I did to the vehicle they said it was fine to drive. >> Okay. Okay. Very good. I just We're trying to so I can document what >> Do you know what happened? Yeah, I'm like confused because >> It's great fire. So I mean any number of things could happen but [snorts] >> It was literally driving fine. >> Well, it don't probably drive fine anymore. So your brakes work clearly. Okay. But you're not injured or anything. >> Well, I I have to tow the vehicle back. I imagine. I'm sorry. I'm like this is just a whole process. >> Actually, do one of you guys have a pen? I can give you all the information that's required for the situation. I need to get your name and date of birth for my fire report, okay? >> No, I'm worried. I know you said don't worry about it but I'm worried. >> When it comes to car fires, that's as That's as cheap as they get right there, all right? So >> I see that but I'm going to have to pay for it. Later on like >> I'm not much of an asker but like what happened with your car? >> I literally was just driving. The last light was fine. As I got to this light, somebody stopped me and was like, "Hey, your wheel's on fire." So, I stopped and everything else after that. I literally just had it at the um mechanic shop because I just got the car like about a month ago. And they were fixing everything. They said everything was fine with the vehicle. I was driving it perfectly fine. >> So, like how you know how long you were driving? You didn't notice it? >> literally No, like everything was fine. I just started driving it about a week and a half ago. They checked everything at the mechanic shop. They said everything was fine. >> How about today? How long were you driving today? >> I went to work. I took maybe a 4-hour break in between. Like not a 4-hour break, but you know, like I wasn't driving it for about 4 hours, then I drove it. Everything was fine. >> So, where did you come from today? >> Right now, I was coming from Dr. Phillips Dr. Phillips area. >> Okay. >> Yeah. That too. But I work around that area, so I went to work this morning. I drove it perfectly fine to work. It gave me no issues. Then I drove it after work. I went to the mall, Millennium Mall. It was perfectly fine. And now I was driving back home. I don't know. >> Has that Is that ever happened before with the brakes? >> This is the first time. I don't know. And I imagine I have to get it towed back. That's going to be a whole 'nother >> Yeah, that You'll be able to drive that car with that right now? >> The transmission was new. >> But did you smell the fire or anything like that? >> I did smell it when I was like a light about ago. And then um I saw somebody point it out and I was like, "Okay, let me stop." But I didn't realize it was that bad until they were like, "Hey, get out of the vehicle." You know, it's going to basically going [ __ ] fire. I don't know. They told me everything was fine and >> Where where was it Do you remember where the fire was? >> Um >> Cuz I just I just got it into the fire. >> No, I don't know. They I literally They haven't given me a chance to actually check what's going on. They were just like, "Get out of the vehicle. Come back." So, I'm trying to see, but it looks like it's with the right um tire. Like the right front tire. >> I think it was most likely like the brakes that got on fire. >> Could be. >> Can you tell me Yeah. Yeah, I'm not I'm not sure how that >> I literally told him, like, I literally had it in the mechanic shop for about 2 weeks. >> What what did they say was wrong with it? >> Um they were checking the window driver seat because the window um button wasn't working. It wasn't letting my window go down on the driver seat. I fixed the rooftop button as well that wasn't working. Um the hood had some rusting to it, so they were fixing the They were fixing like cosmetic issues, basically. >> Okay. >> They told me everything was fine. >> Yeah. >> This is the first time I am driving a long distance. >> you were braking a lot? >> I mean, I was stopping through a lot of lights, so I could have been braking a lot. >> Okay. >> You didn't smell any fire on your car? >> No, it was Literally, literally 15 minutes before all of this, it was driving perfectly fine. >> Mhm. >> Perfectly fine, 100%. And then as I was stopping at every light, I started smelling something, and then when I got to this light, um a driver next to me kind of stopped and they got out and they were like, "Hey, your like your wheel's on fire." Basically. So, I was like, "Okay, let me stop." >> So, we we we do have some extra questions to ask you, right? But just like everything Every time we do ask people questions, we unfortunately have to read Miranda to people. >> That's okay. >> A lot of people kind of get Hold on. Hold on 1 second, bro. Just give us a minute. Every time we get confused with uh Every time Every time we get uh Anything that we need to ask people and then people think that oh, because I'm getting my rights read, uh I'm going to Nothing's happening. We just have to ask you questions. So, without Miranda it's not like we can. >> Okay. >> Okay. She's going to read that real quick. Just make sure you tell her you understand every sentence every sentence of it. >> say yes or no. Okay. So, where were you coming uh from today? >> I was literally coming from um like a hookah lounge with my friend. Like we were just having, you know, we were literally smoking hookah. I wasn't drinking or anything. On my way over here is when literally I would say 5 minutes before I made the light, I started smelling something. >> Mhm. >> And then I kept driving and I started seeing something like the smoke kind of coming out. Then a vehicle next to me stopped me and they were like, "Hey, basically your wheel is on fire." >> Mhm. >> It shouldn't have been on fire. I literally was at the mechanics 3 days ago maybe and they said they fixed everything. They said everything was fine with the vehicle to drive it. So, I was driving it and yeah. >> How How around what time did you say you left the hookah lounge? >> The cop is trying to build a timeline. >> Um Sorry, I'm just trying to confirm. >> Like 4:30. Yeah, 4:30. >> 4:30 in the morning? >> Yeah. >> Did you go anywhere else or did you just >> I was literally going straight home. >> Straight home? Do you >> Yeah, I was going straight I live about less than 20 minutes away. Yeah, I'm 20 minutes away. So, I was about 20 minutes away when I made this light. >> Okay. >> You live 20 minutes away from the hookah lounge? >> Yeah. >> How many drinks did you have >> I don't know. >> Just one drink? >> Yeah, I literally had one at the beginning. Like I knew I was going to drive. >> Mhm. What kind of drink was it? >> It was um a like mixed drink, like a cocktail. >> What kind of cocktail? I'm a cocktail person. I was going to I was going to ask you that. >> You're okay. It was I believe tequila mixed with I believe a dragon fruit kind of drinks. But it was literally just one drink. Like I'm pretty responsible about when I come out. I have one drink in the beginning of the night. I drink water in between. You can even ask them. Like I was drinking multiple waters in between. >> What time would you say you had that drink? >> Probably like 11:30, 12. Yeah. >> What time did you get to the hookah lounge? >> 11:00 a.m. >> 11:00 a.m.? >> Uh-huh. >> At the hookah lounge? You got there at 11:00 a.m.? >> Yeah, about. >> From 11:00 a.m. to what time would you say you left? >> Well, 11:00 p.m. I guess. And then I left about 4:00. 4:00 a.m. 4:30. I am 100% sober. I'm very upset this is happening right now. >> You know, we just have to ask questions. >> I understand. I'm just explaining like >> Did you sleep last night? Like yesterday? >> Yes, of course. >> Did you eat anything yesterday? >> Yes. >> You also ate pretty good? >> Yes, I ate. I slept. All of that. >> When was the last time you had something to eat? >> About 8:00 [snorts] p.m. tonight. >> Okay. >> Yeah. >> What did you have? I'm also >> Okay. Um I had some rice, beans, chicken. I'm Dominican. I >> [laughter] >> had some rice, beans, and chicken. I make sure that I am properly fed before I go out. Trust me, I am 100% sober and I am very upset that this is happening right now. I had water after that. >> How many drinks would you say it would have taken you to start feeling like Like let's say the dragon fruit with tequila. How many of those would you need to start feeling a little something? >> I'm I mean, no offense. I am a pretty I'm a drinker. So, usually I drink about three, four and I'll start feeling something. But that's if I'm home. >> Like one wouldn't do anything to you? >> Yeah, yeah. No, not at all. >> So, let's say for right like this second. From one to 10. One being you just woke up, you are fresh as you get, to 10, you're blacked out drunk falling on the ground. Where do you think you'd be in that scale, 1 to 10? >> Oh, no. I'm 1. I'm sober, 100%. 100% sober. >> Did you smoke any marijuana today by any chance? I'm not going to get anything that you've already done. I can't really, you know what I'm saying? Okay. >> I literally I was just going out with my friends and the car was supposed to have been fine. My uncle would never let me drive a vehicle if it was not in good condition. >> Did you pay for your drinks or is somebody else paying? >> No, I paid for my drink. >> Oh. Do you have a receipt for your drinks or do you have like a >> I mean >> Did you pay for the hookah or just for the drinks? >> you. My friend was supposed to um send me the money on the side. Give me a second. Let me check. >> What time did you wake up today? >> Oh, I've been up since 6:30 in the morning. I was at work today. I went to work. After work, I went to the mall with my friend. After the mall, I went to go pick up my cousin from her sports. After sports, I went home. I changed and then that's when we came out. >> And which hookah lounge was it that you went to? >> It's called Sahara. It's probably like 15 minutes from here. >> You've been up since 6:30 in the morning yesterday? >> Yes. No, no, no. Not No, not Well, I guess today. Yeah. >> Today? >> Yeah, today. >> Without looking at your clock, what time do you think it is right now? Without looking. >> Um Sorry. Um it's about 6:00 in the morning. >> And then you say you left the hookah lounge at what time? >> About 4:30, 4-ish. >> And you live where? >> I live about 40 minutes away. >> It's a drive. And again, the vehicle was in perfectly fine condition before I started driving it. >> Um so, again, just because we've been honest with you, we've been talking to you this whole time, would you be able to do some field sobriety exercises? Just kind of one of those like fancy looking ones. That way we can know and listen, once you we get through those, we can be like, "Okay, you know, she's good to go. We can get you out of here." >> Listen, I'm 100% sober. Whatever you need me to do, I will do. I just >> Yeah, we'll get this out of the way that way I know you're good to go and then we can start making some phone calls or Uber. I don't know how we can get you home. We'll figure that out together, okay? >> She said it seven times, 100% sober. The timeline awake since 6:30 a.m., nearly 23 hours before this stop. One cocktail at 11:30 p.m. She told officers, one drink would not affect her. She needed three or four. The officer gave her an opening marijuana anything else. She said no to everything. She agreed to field sobriety tests without hesitation. The horizontal gaze nystagmus, the walk and turn, the one leg stand, all three developed and validated by the National Highway Traffic Safety Administration. These are not balance exercises. They are standardized diagnostic tools. 18 possible clue indicators across three tests. Officers are trained to count specific clues, not impressions. Two clues on any one test is sufficient to establish probable cause. By the time the third test ended, officers had counted enough. She had one question. The officer had one answer. >> I'm going to have to get it towed somewhere. Okay. You can put it on the dealer 100 day tag. Can I take a picture again? Yeah. Can I take a picture? Can I take a picture? >> I In a second you will. >> Let's Let's go this way. Let's walk over to the gas station over there, okay? You'll be able to take a picture when we come back. I I have to get a >> Yeah, I mean >> Oh my god. >> It has no tire. Got no tire, so >> I'm sorry. I've just been dealing with so much in life. >> But you're alive. You're good. Okay, you'll get through this. That's all that matters. >> Oh, and then I have to pay for whatever they're going to store it, I imagine. >> Your your insurance takes care of all of that. >> Are you positive? >> 100%. Nothing comes out of pocket. >> I'm sorry. I've just been paying for so much stuff lately. Like I paid for paid for the vehicle, paid for insurance, paid for it. I've been paying so much money. >> Yeah, I mean insurance should take care of the tow. >> And with my luck, insurance is going to be like [ __ ] you. You have to I'm sorry. No. Excuse my language, but with my luck I already feel it. Cute to stay home. Basically. >> Yeah. >> My cue to stay home and not go out. Is that what that means? >> Do not move your head. Do you understand the instructions? >> Yes. Don't move my head. Just look at the light. >> Yep, you're going to move your eyes, just nod your head, okay? Try not to move your head, okay? You're looking at the light? Look at this picture. >> I'm sorry. It's like getting extra windy. >> So, we're going to go to the next one. >> Don't worry about this one. >> Thank you. I'm sorry. I'm just like I felt the wind coming through in between all of that. This is not my type of weather. >> Keep your hands to your side and you can begin. It's got to be allowed. >> Oh, one? >> Make sure it's heel to toe. >> Like this? >> Yep, so heel to toe. >> We're now going to walk you through the steps. So, you see So, whenever you're ready to start we are not going to stop you until you you tell us you're done. So, >> So, I have to count to 10? >> So, do you need the instructions one more time that way you can fully understand? Like I told you, our job is to make sure that you understand, okay? >> She counts to nine. Counts to nine. >> Look up. You can restart again. >> So, basically just walk Count to >> nine. >> a straight line in nine. >> Yep, and then turn around. >> Okay. >> Do you fully you fully understand or do you need me to show it to you again? >> Okay. Basically, count to nine like steps forward and then pivot back. >> And heel to toe steps. >> Okay. >> Okay. You can start. >> Okay. two three four five six four five six seven eight and then nine 10 >> When I tell you to When I tell you to, I want you to raise one leg, either leg you choose, approximately 6 in off the ground. We'll go through the steps. >> Okay. >> Do you understand the instructions? >> So, one second and start. >> 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009, 1,010, 1,011, 1,012, 1,000 um 13, 1,014, 1,015, 1,016, 1,017, 1,018, 1,019, 1,020 >> So, do me a favor. Put your hands like this, right? Put your hands in your back. Do like this. >> Can I ask what's happening? >> So, you will be going to jail tonight. Read you your rights, okay? >> Woah. Um >> Orlando, 6:30 in the morning. The road is on fire. She's about to tell officer she's sober. >> So, based on the assessment that we just did, you are not fit to drive and you have more than a few drinks today. >> never had a one drink. Wait, can I I literally had a one drink. >> One second. Can you hold it so I can put the seat belt >> Can I please >> Just step in. >> Can I >> [music] >> Step in. >> Can I please like just step in first and then we can >> talk. Just give me a second. >> I got to do what I got to do and then I'll talk to you in a minute. >> I nothing happened in this process. >> Bro, she was she was driving on a metal >> She had to be driving at least I would say 40 or even further. >> Okay. >> But I would have died. >> I'm saying. >> When I got here, her whole rotor was on fire. >> I'm saying. >> Do you want to meet us at the DUI center? Because I suspect that she had something else. Yeah. Charged with DUI Florida's impairment standard not a number a condition. Bond said at $1,000. Officers A, they built the timeline methodically. Sleep food alcohol drugs all documented before administering the test. Every instruction given twice when needed. Under Graham versus Connor officer decisions are judged on what they knew in the moment not hindsight. Every decision here holds up. Subject D, 23 hours awake a car with no tire seven confident claims three tests that don't negotiate. Under Berkemer versus McCarty roadside field sobriety tests are not custodial interrogation. She was not required to participate. She volunteered. The results are admissible. The lesson confidence is not a defense. In Florida you can decline field sobriety tests. There are administrative consequences but those test results would not exist. The right to remain silent applies before any testing begins. The right to an attorney applies here too not just after arrest. Both are available at roadside. Subscribe for weekly body cam analysis the moments that end up determining outcomes in court. What do you think the sentence should be? Drop it in the comments. We'll see you in the next one.