That was smart. >> All right, we have a car going the wrong way. Just so you know, you're on camera. >> Yeah, I'm sorry. I didn't realize it was on my >> It's okay. Um, license. >> Wrongway driver. June 1st, 2024. He denied everything. He demanded a breathalyzer. Then he refused it. Here is why that mattered. Three indicators at first contact odor of alcohol, bloodshot eyes, slowed speech. That is reasonable suspicion. The field sobriety tests were legally authorized from this moment. He denied drinking on camera. Officers proceeded. That denial becomes part of the case record. >> There you go. Can you take out the most recent one, please? Can you take out the most recent one, please? >> Where you guys coming from? >> It's going to be validated. >> You want to eat? Where were you guys eating? >> We're out here at Pig Parrot. >> Pig and Parrot. Have you had any alcohol to drink tonight? Yes, sir. >> Where's the um registration? This is the insurance. >> Oh, sorry. My bad. We're going to get drop. [music] >> Good two cars for that though. It's a good two cars for that. >> Yeah, I pulled the [ __ ] >> easily could get out but you got more. >> Yes. >> He passes. He doesn't come here. >> Want to hold you? All right, sir. What I'm going to do is I'm going to ask you to get out of the vehicle. We're going to perform some uh field sobriety tests to see uh if you're able to drive. >> Okay. >> I shut off the car. >> All right. Come over here. >> All right. >> You do you wear glasses? >> No, I do not. contacts? >> No. No. >> Okay. Are there any medical issues that I should know about that would prevent you from performing uh some field severity tests? >> Just asthma. That's it. >> Just asthma. >> Yep. >> Okay. But Okay. >> Yeah. I shouldn't Yeah. >> So, what I'm going to do is the first test. Okay. I'm going to What I want you to do is you're going to look at the uh tip of the pen. Okay. Yep. >> And you're going to follow You're going to keep your hands at your side, your legs together. You're going to follow the tip of the pen with just your eyes. >> Not with your uh >> not with your head. Okay. >> All right. So, what? >> Okay. Watch cars start. Heat. Heat. Okay. All right. Next test. Okay. >> You're going to watch me. Okay. >> I'm going to demonstrate and then you're going to do it. Okay. >> You're going to put >> your left foot on the line. Okay. >> Yep. >> All right. You're going to put your right foot in front. Okay. On the line, the hand to your side. Okay. Then you're going to take nine steps. Heel and toe. Okay. >> You're going to go till you get to the ninth step. Okay. And then you're going to go couple small steps. Turn around and do the same thing. You're going to go step. >> Yeah. >> Let's go. You want to see us? >> Yes, I do. >> All right. Step first. >> And you're going to count out loud for each step. Okay. >> All right. Wait. Wait. You're going to start when I tell you to start. Okay. >> Oh, definitely. >> All right. So, get in the starting position. >> All right. We're good. >> Hands to your side. >> Hands to your side. >> Your right foot in front of your left foot. Okay. And you're going to count out loud and do nine steps. Okay. Heel toe. Okay. >> Yep. >> Go ahead. 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 >> Okay. All right. All right, turn around. All right, so now what you're going to do is last touch. >> Okay, you're going to keep your feet together, >> hand at your side. Okay, you're going to lift your right leg. Okay, you're going to do 6 in off the ground and you're going to count 1 1,00 2 1 3 100 4 100 5 1 And you're going to do it until they say stop. Okay. Yep. >> Do you understand the instructions? >> I do. >> Okay, start. Am I good? Am I good or no? >> No. Do you remember what the instructions were? >> Yes. 1 1000 2 1 3 100 2 100 5 1 6 1 >> Hands Hands at your side. >> 71,000. >> And you got to pick the leg up. 9 100,000 10 100 11 100 12 100 13 100 14 100 15 100 16 100 17 100 18 100 1900 21,000 31 100 >> You can put it Okay. >> Hands behind your back. >> For what? >> For what? First. >> Put your hands behind your back. >> For what? >> Hold on. I'll explain it in a minute. >> You're not going to give me attitude. You're going to listen to >> I'm asking you're driving intoxicated. Okay, >> there you I'm not. >> Oh my god. >> I can smell it off of your breath right now. >> So, breastilize me. >> We will. >> We That's what we're going to do. Okay. >> We're going to place under arrest. Okay. >> All right. We're going to go to police headquarters. You're going to have the chance to um >> submit samples under arrest >> and then you're going to uh >> pass. What's the reasoning? >> Sorry. >> Pass. What's the reasoning? What test did I fail? >> The first test. >> The first test? Really? Yeah, >> in headquart we're not doing this out here. The longer here, the longer it's going to take for the airport to be done. >> I'm just going to search him real quick. You just lean on the car right here. >> Spread your legs. Came from the car or not? >> No, I do not tell the camera. Can I hear my phone from the car? I need from my mom. >> You have your license on here? I do. >> I know you have your license. Test one, horizontal gaze. Nstagmus, involuntary eye movement that cannot be faked. Under National Highway Traffic Safety Administration protocol, 88% accuracy when four or more of six clues are present. Officers note everyone. Test two, walk and turn. Eight documented clues possible. 79% accuracy. Officers are counting every step. Test three, one leg stand. Four possible clues. Officers do not need a complete failure. They need enough. After three tests, hands behind your back. The subject asked why. The officer was not required to explain yet. The arrest was already lawful. Driving while intoxicated in New York. Class A misdemeanor on a first offense. Up to one year in jail. 6-month license revocation minimum. That is before the breathalyzer refusal. He demanded a breathalyzer at roadside. He would receive one at headquarters. That is where implied consent became the critical issue. Under New York Vehicle and Traffic Law Section 1,194 operating a vehicle on a public road is implied consent to a chemical test upon lawful DWI arrest. The driver cannot withdraw that consent at headquarters. Refusing added automatic 18-month license revocation, a civil penalty of $500, and under New York case law, the refusal itself is admissible at trial as consciousness of guilt. Miranda attaches at custodial arrest, not during a voluntary roadside encounter. No Miranda violation appears in this footage. The passenger was evaluated and cleared. The vehicle was released to her custody rather than towed. Standard officer discretion confirming her sobriety. Final disposition failed field sobriety test arrested for DW. I refused the chemical test. Two charges where there was originally one. Sit down in the car. Any chance? Sit down in the car. Put your legs in there. >> I'm good. >> We will get your phone. >> I promise you I'm fine though. >> All right. What? >> Watch your face and your leg >> right here. >> Uh, are any of them good to drive to or >> I don't know. >> You have his phone? >> You have his phone? All right. So, who hasn't been drinking? >> Are you sure? >> If you had anything to drink, you're going to end up like this. >> No, I know. I know. I know. >> All right. Step out of the car. >> I'm going just look at her eyes. >> Yeah. >> Just pay attention to her. >> Don't look directly in the light. I'm just going to like skim through. Just look straight. >> Don't move your eyes. I just need >> Oh, yeah. I'm sorry. >> Where is he going? >> To the police department to get processed. >> Where? >> Literally up the block. >> It's two blocks away. >> Two blocks. >> Uh just follow the pen real quick. Just follow with your eyes only. Not your head. You're not turning your head this way. Just your eyes only. Okay. I think it uh you guys >> uh do you have an ID on you? >> Yeah. >> One of us is get out in the park like >> Oh, yeah. Yeah. Just get once she's finished, you can do whatever you guys got to do. I'm >> and then I'll pull you guys out just to make sure mileage 70603 in front of the copy. >> Yo, let me Can I get a house? >> Yeah, you're good. You're Just want Don't Don't get out and get your door hit though. I don't know which way you're jumping out. >> No, I'm going go out this way. >> No, didn't drive. >> Wait. One second. Drive his car. >> All right. So, what's going to happen now is he's going to get processed at our headquarters. uh he has the option to um submit a breath test. That's up to him. If he doesn't submit it, it's just another charge because when you take your driver's license test, it's clearly states if you're asked to do so, you will. If not, it's a loss of license. >> How much is this charge? >> Uh so the way it works is he's going to get a couple of summons. He's going to have to get a court date and then everything goes through the court through that. >> So where is he staying tonight? >> Uh so what we're going to do is process him at our headquarters. Once he's done being processed, we're going to have somebody come pick him up. >> Can we hit him up? >> Uh, she can. >> Okay. >> As long as you don't drink. >> It's probably going to be anywhere between 2 to 3 hours cuz that's how long the paper. >> That's all right. So, we'll either wait here or we'll just come back. We'll come with you. >> Um, >> so he's So, he's been charged. Yeah. I was going to say, do you mind if I get one? >> He's going to be charged. He's got to be processed. We can't just charge some. Yeah, it's going to happen. Um, take both bars just in case one of us doesn't >> cuz then when when time gets closer then we could just call you guys and then it instead of >> just waiting 14. She'll be uh taking over uh this vehicle again. Um, >> she did not have anything to drink tonight >> and uh I just checked her to suicide and everything. >> Y A >> Y A >> R A >> R A >> L E >> Yeah, the car is good and your license is good. >> So, you guys are able to take the car instead of getting to it. So, >> and then again, you just officer and then make it happen. >> 106 Hudson Street. If you literally it's it's literally like you see >> you see where >> those cars are to the left like there's like a line of cars to the left that's literally free. >> So you can you can actually walk there. >> Yeah. 106 street. >> And if you want to jump in the driver's seat I'll either uh swing you around or let you uh make this left right here. Whichever one you want to do. Make a lot. >> Yep. 111 engine mileage 70603.6 Sex just wait 23. That vehicle was driven away by the I gave you the owner. Where is it? >> Stand up. I'm going to take >> Yeah. I'm going to check you one more time. >> No problem. >> Excuse me, sir. >> What's up? >> How long are we going to be here for? >> Couple hours. >> Depends. When your ride comes also cuz at the end of this, you're going to have to call for someone to pick you up. >> No. >> All right. Check. >> Am I going to pick my phone for contact? Uh, >> yes. As soon as we're done with the test, >> that's fine. I should have the number be able to call somebody. Okay. >> I have a phone. I should have the phone. >> You have a knee brace on? >> No, I do not. I just my ACL twice. >> Is that what's it might be? I don't have any brace on, but it might be a little weird. >> What is in here, though? >> Nothing. It's just my my pants. >> Oh, you're right. All right. >> Yeah. >> Oh, sorry. >> The [ __ ] are these? Uh, who put these on? >> I don't know why. They're upside down, too. >> Did B put these on? >> What happened? >> Who put these on? >> No, I did real quick. >> You know, I would have just got in the car, right? If you asked me to. >> What? No, we have to. >> I know. I understand. I understand. I swear to God, I send this to Sergeant. You retired. Retired. Retired. All right. Are you okay? >> Honestly, no. No, I'm okay. I'm not okay. I honestly never thought I'd be in this position ever. >> Like I said, it's just just a traffic sign. Okay. All right. Just watch him while I put away my stuff. >> I'll get a few. So, I put my stuff away. Yep. Hudson Street. >> All right. See you soon. Now, the grades. Officers A. Three independent indicators documented before any test. All three National Highway Traffic Safety Administration tests administered in proper sequence. Under Graham versus Connor, every decision holds. They did not let the subject's protest change the outcome. Subject D. He denied drinking when odor, bloodshot eyes, and slowed speech were already being documented. Three on camera contradictions in 60 seconds. He challenged officers to brethalize him and refused at headquarters under New York vehicle and traffic law sections 1,192 and 1,194 that added a refusal charge and automatic revocation to a case already closed by field evidence. There is a constitutional right to remain silent. There is no right to selectively demand a test and then refuse it when it counts. The lesson implied consent is not negotiable. Getting behind the wheel is the agreement. Demanding and then refusing does not reset it. It triggers additional penalties. Subscribe for weekly body cam analysis. Comment should breathalyzer refusal carry the same criminal weight as the DWI itself. We will see you next week.