We're trying to catch up north. We're going to get off second. >> Texas plate Tom Paul 4842. I think they're finally going to stop here at 122nd off of Broadway. >> 1:00 a.m. Oklahoma City. The minivan blows past troopers doing 116 m an hour. The driver says she was chasing a food delivery tip. What she was really chasing was an aggravated DUI. >> I want to put in park. It won't It won't let me put Is this your car? >> This is my car. I'm so frustrated right now. >> Okay. Well, crying ain't going to do any good. So, >> I know. I know. >> Let's go ahead and let's figure out frustrated. It's my in-law's car. It's my in-law's car. I'm trying to put it in park. >> Pull your parking brake. >> It won't let me put it in park. I'm so sorry. >> All right. I'm just Does it have a key? Does it have I'm going to turn it off. >> Parking. Yes. >> All right. Let's go ahead and get on out of the car. It's turned off. Lay your foot off the brake. See what it does. No. Put it on. Put it on. Put it on. >> Oh my gosh. It's our in-laws car. I'm so sorry. >> Just leave your foot on the brake for now. >> I'm trying to leave. It won't let me put my car into it. I can't put like I can't put it in position. I'm just >> Let me see your license. How much have you had to drink tonight? >> I had one glass of wine with my friend's girlfriend. I had one glass of wine with my girlfriend who is a single mom and I'm newly to a single mom and I'm not drunk. I'm just >> So why are we doing 116 miles an hour? >> I'm trying to get the Uber to my order correctly. I'm sorry. I'm so new to this. I'm just trying to get the best tip that I can. I'm sorry. >> All right. Well, I got some people here that's going to help me. >> Hey, so we can't She can't figure out how to get in park and she can't let her foot off the brake. >> I can. >> Hi. >> Hello. >> I'm trying to get to my >> Yeah, but as soon as she let it off, it's going to roll. >> Um, >> okay. Let your bird. >> Yeah. Okay. Got you. >> Perfect. >> Um I'm going to >> All right. Come on out of the car. Go ahead. Hop out. >> Come on out of the car. >> Yeah. >> Okay. >> 116 mph. Oo. In the key of car. >> In the key. >> Come on down here. >> We're going to go right over here. We're going to go to that sidewalk right there. >> [screaming] >> Right over. >> Come on. Come right over here. Just stand right here for me. Okay. I want you to put your feet together. Heel to heel, toe to toe, just like this. Just like I am. See how I'm standing. Okay. Put your feet just like my feet are. No. No. See how I'm standing? Just like this. Okay. We're going to call that good. Just stay right there. Okay. Can you see the tip of my pin right here? Over here is the pin. Not the flashlight. Don't look at the flashlight. The pin. Do you see it? The top. The silver part right here. You see it? All right. I want you to follow it with your eyes only. Don't move your head. Okay. You understand? All right. Don't move your head. Okay. Don't move your head all the way over. See the silver part? You got to keep looking at the silver part. Okay. >> Mhm. Keep looking at the silver part. Nope. Keep looking at the silver. Right up here. Don't look down here. >> I got you. I got you. >> Right here. >> Don't move your head. >> I got you. [sighs] >> Straighten your head up. See the silver part? >> I'm trying. >> Watch the silver part. Not down here. Up here. >> Over here. >> I can see where you're looking. Okay. You ready? I'm I'm so looking, girl. Man, I got to get home to my kids. >> Okay, >> I'm looking home. >> Okay, >> I'm looking home. >> Quit moving your head. >> No, I'm not. >> Ready? >> I'm looking home. >> You got to move. You got to walk. >> You said don't move. >> Don't move your head. >> I'm not moving. >> Watch me with your eyes. >> I'm locked in. >> All right. You ready? I'm here. I'm ready. >> Don't move your head. Eyes only. Don't move your head. >> Don't move your head. >> That's not really funny. Okay. So, >> I know >> what we want to do. >> I'm sorry. You're with your eyes only. >> Okay. >> All right. Here we go. >> Don't move your head. >> I'm looking at you. >> All right. Ready? Follow up with your eyes only. >> I got you. I don't [ __ ] around with kids. >> Okay, you Okay, listen to what I'm telling you. Okay, >> I understand. >> I want you to look at the tip of my pen. I want you to follow the tip of my pen with your eyes only. Don't move your head. Do you understand that? >> Yes, sir. >> Okay, let's try it again. Okay, you're moving your header. Keep your head straight. >> I'm moving my eyes only. I'm moving my eyes only. >> Keep your head straight. >> I'm moving my eyes versus I do Uber Eat orders. >> I don't really care what you're doing. I want you to pay attention to what you're what you're doing it right now. I I have you >> look up here. Not at the bottom. >> Yes, sir. >> I had a single mom. >> Okay, stop talking. >> Watch up here. >> I'm watching. >> Okay, you got to keep your head straight. No, I just wanted to tell you [screaming] I don't know if you police police officers. Okay, different direction. Look here. All right. Here's what I want you to do. I want you to come right here for me. Come stand right there. Right there where my lights at. Look down. Look down. See where my lights at? Back there. I want you to go stand back there. Let's make that happen. Can you simply go stand right there? You're still not there. >> I'm so nice. I'm sorry. I I hope you >> I don't like it when you're going to kill somebody on the road. Wait. >> Okay. Stand right there. Okay. >> All right. >> Here's what I want you to do. All right. What I want you to do is I want you to pitch your feet to I want you to pretend like there's an imaginary line coming out of your left foot. >> I'm so sorry. >> Are you paying attention? You're not paying attention. >> This is important. You're not paying attention. >> Why do you think I'm just afraid? I'm afraid of that. >> Are you going to listen? >> You need to listen. >> All right. Pretend like there's an imaginary line coming out of your left foot. Okay. >> I want you to leave your left foot on that line and put your right foot in front of your left foot, heel to toe, just like I'm standing. Can you do that? Look at his feet. Don't go anywhere. Just go back and stand there. Go stand back there where you were. >> Go back here. Go back there. Okay. Go back over here where my lights at. So, can you stand there? Okay. Go back to this position just like I'm standing. No. No. Not even close. Go. Stand right there where my lights at. Can you stand right where my lights at? Can you see the light? Stand right there. I want you to put Okay, I'll I'll work with that. >> What? What are we doing? No, >> I Where are you coming from? >> I'm kicking my ass. >> Okay. How much have you had to drink? >> I had a glass and a half of wine. >> A glass and a half of wine. Okay. How long ago was that? >> 30 minutes ago. >> 30 minutes ago. Okay. Well, you can't do any of these tests. So, right now it is >> it's actually 1:00 right now and you're under arrest for driving under the influence of alcohol. Okay. All right. Let's go ahead and turn around. >> There you go. I'm trying to be as honest as with you. Can you please be honest? >> Yeah, I'm going to be honest with you. I'm going to take you and we're going to do some stuff in the >> show. >> Yep. >> You're lucky you didn't kill somebody. That's okay. >> No, it's not okay. >> Let's go down here. >> It's not yours, Eric. Next one. >> Yours open. >> Oh, sorry. >> They look the same. Do you know >> that's why you're in this job, isn't it? >> Huh? >> That's why you're in this job, isn't it? >> Actually, I have a degree in >> psychiatry. >> Uh, actually in social science. Yes. >> Would you mind sitting in the front seat? >> No. Have a seat. >> Please >> have a seat. >> I'm 24 years old. >> I don't care how old you are. Scoot. >> Please talk to me. >> Well, I'm getting ready to talk to you as soon as I get in. >> Somebody talk to me. Okay. Hey. >> Yep. >> I'm really >> You did what? >> There's no apology that could this. >> We're looking too. It sounds like you hit another car, too. >> Do you remember hitting another car? No, sir. >> All right. So, I'm gonna read you some stuff here real quick. Okay. >> Yes, sir. >> All right. This says, "You have been arrested and are requested to submit to a test or [music] test to determine the presence and concentration of intoxicants in your body. The test will be a breath test. If a blood test is performed, it will be done by approved medical personnel under Oklahoma law." >> Yes. Once you complete the state's test, you may have an additional test at your own expense. You are not entitled to consult with an attorney prior to making your decision whether to submit to the state's test. You may refuse the state's test, but as a consequence, your driving privileges will be revoked or denied. If you are 21 years of age or older and the test result is 0.08 or more alcohol concentration, your driving privileges will be revoked or denied. >> All right. >> Will you take the state's test? >> I got Yes. I have to take I have to take the state's test. I will go through anything you have to put me through. >> Let's break down what actually happened here legally. 116 mph alone gives an officer probable cause to stop this vehicle. No other story needed. Speeding at that level can support a reckless driving charge on top of any DUI. Officers ran the standard eye test and the walk and turn test, both part of a federally validated battery for detecting impairment. She couldn't hold her head still for the eye test and couldn't hold the starting stance for the walk and turn. Under Oklahoma law, failing these tests alone is enough to establish probable cause for arrest. A breath test isn't required first. Before testing, the officer read Oklahoma's implied consent warning almost word for word. That warning matters. Refuse the test and you lose your license even without a conviction. She also wasn't entitled to a lawyer before deciding whether to blow. Roadside testing decisions don't trigger the right to counsel. That's like Can you please tell me what my um charges with? >> Uh right now it's um DUI speeding. Uh right now I think that's all. >> Okay. >> Where were you coming from? my friend Michaela's house. Um, she's the new mom. She's a um I don't know if you know what it's like, but like stable mom kind of stuff. We're just been by our mom like by our mom's kind of stuff. I'm in. I went to go see her [snorts] and um I do live with my baby daddy, whatever you want to call him, and he helps me with gas money and um daycare money. I don't know if he want like all the information, but [snorts] >> I was just trying to figure out where you were coming from. Like were you in Oklahoma City? Oh yeah. Yeah. Like a homeless deal. I honestly asked about g like asking about a security escort just because because I thought it was so important. Um if that's ever possible, please please let me know and please let me out of these handcuffs because [crying] it's okay. Okay. It's okay. It's okay. It's okay. [snorts] It's okay. It's okay. It's okay. It's okay. It's okay. Fine. It's okay. Fine. I just really want to make sure I get this delivery. Please make sure that I get this food order. Um, okay. Would it be crazy for me to ask you to drive me home? >> Yeah, definitely would be crazy. >> I know it would be crazy. And I know you're not an Uber driver, but please, please, could you drag me home? I know that's not your job. I know it's not your job, but listen, I got four girls to get home, too. And this is what you're here for. Okay. Please, >> will you please leave me safely? >> Okay. >> Hey, I do want you know that Come on up this way. Watch that curb. There you go. >> So safe. I'm so safe. >> I get it. But I can't do that. That's our policy is is you have to be in >> and I got to follow the rules. >> I know. >> How far do we have to go >> inside this building here? I got to pee. >> That'll be a while. >> Come on. Come on. Come on. Come on. Come on. You got to go. Let's We're going to go. >> Hang on. >> Come on. No. If you want to go. >> Don't Don't pull on the door. Nice. Go to the right. Go right here. There you go. >> Okay. I need you to do me a favor. Open your mouth. Okay. All right. Have a seat right here for me. So bad. This looks so bad. >> [sighs] >> I'm just trying to be a daughter or two for my [ __ ] family. I'm so sorry. Whenever we take this test, have you ever blown up a bloom before? You know how hard it's kind of hard to blow, right? Does that make sense? That's the way this is, okay? You're going to have to blow for a long time. And I'm going to tell you, I'll coach you through it, okay? So, you got to whenever I tell you to start, you're just going to put your mouth on it and you're just going to start blowing. You got to blow fairly hard and just keep blowing until I tell you to stop. Okay. >> You ready? >> Nope. Not yet. We still got another minute, minute, and 20 seconds. >> Okay, I'm ready whenever you are. >> Okay. Ready? >> Take a big giant breath and just keep going till you stop. Keep going. Keep going. Keep going. Keep [music] going. Keep going. Keep going. Keep going. Keep going. Keep going. You're almost there. You almost got it. Good job. That's good. Hey, if I'm if I'm not, please don't arrest me. I'm just here. If I'm not, please just keep me here. Please don't >> listen. We got to wait 2 minutes. We'll blow one more time and then after that, I'll take you out of the handcuffs and I'll let you go to the bathroom. Okay. >> All right. You ready? >> Yep. >> All right. One more time just like you did while ready, set, go. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. You almost got it. Keep going. Keep going. Good job. Good job. All right. Okay. So, here's the results of the test. Okay. So, this right here, this is the first breath that you did. Okay. Uh the first breath was 0.23. Okay. The second breath was a 0.24. The way that the this works, it will give you the lower of those two numbers. So, the result is a 0.2. 23. Okay. That's almost three times the legal limit. Okay. So, yeah. Um, it's actually an aggravated DUI. >> Um, so, but I probably won't do that honestly. Um, >> can you please explain this to me better because I don't even understand how this is not a one, but yet this is an aggravated DUI. So, >> so anything over.15 is aggravated. I'm 24 years old. I do not understand this. I'm so sorry. >> Yeah. Well, >> I'm trying. No, basically what I It's not an ignorance to the law. Um I understand that my finances >> contribute deliberately. Holy >> two breath samples 23 then 24. The lower number becomes the official result. 23 is roughly three times the legal limit of 0.08. In Oklahoma, a result at 0.15 or higher isn't just a DU. I It's an aggravated DU. I with steeper penalties. And here's the twist. The officer says on camera he'll probably charge it as a regular DUI anyway. That's discretion, not law. The statute doesn't move, but how it gets charged sometimes does. Notice she was never read her Miranda rights during the roadside questions. That's not a mistake. Routine traffic stop questioning isn't custodial interrogation. Miranda doesn't attach until a reasonable person would feel they're not free to leave a standard the Burk decision from 1984 laid out. Once she's cuffed and headed to the station for testing that changes, but the roadside questions were fair game. There's a loose thread here. The officer mentions she may have hit another car. She says she doesn't remember. If that's confirmed, leaving the scene of a collision is a separate charge entirely and it doesn't need intent to stick. Just knowledge she was in a crash. >> Okay. Go ahead. >> I was supposed to make more off DUI that um >> Okay, I got to put these back on you so we can go outside. >> I thought I was supposed to make Di What's it called? Door Dash. >> Mhm. >> What's it called? >> I think that's what you said you was Door Dashing. >> That's supposed to be what you're doing. Okay, let's head on back. >> Huh? >> I said if I was a gymnast, that would be my my calling, but I'm not. >> Okay. >> Okay. Let's go back up this way. >> I'm not a gymnast. Come here. I can't believe this is happening to me. I have so many trauma things that that have happened. >> It could have been a lot worse cuz Yeah, I think you were getting ready to wreck. >> You know what? >> Careful. Just don't fall down. >> I got you. Can you please >> soon as we get across the street? We'll take them. >> Well, they'll take them all. >> Come on. Come on. Come on. Come on. Come on. Okay. >> Come on. Let's go. >> Uh, sit over here so I can actually hear you. Okay. >> I'm not trying to get out these handcuffs. Come on. >> I can't hear you over here. >> I don't want to be over here. Come on. Please. Please. Bye. Hey, wait. I'm the only one in here. >> Can you Can you please untie me? >> Girl, man. Sure. I mean, not man. I mean girl. No. [ __ ] [ __ ] >> A few moments later. >> [panting and gasps] [laughter] [crying] >> Come on. You can't ever get out if you can't get in here. >> Come on. Let's go. >> [panting] >> Where are you going? Come on. Let's go. >> Come on. Gord, you're trying to find me dash. You're trying to find me Door Dash and then you end up in handcuffs because you're trying to make a family for your kids. I'm so irritated. I'm so irritated. Forgive me. Scorecard, the stop, the testing, and the advisement all track standard procedure. Nothing here looks like it gets thrown out. Her case is what a 23 looks like on video failed balance shifting stories and a clock ticking toward the station. The lesson here is simple. If you've been drinking, the job waits. The road doesn't forgive 116 mph. That's the legal breakdown. Let us know what you charge her with in the comments.