welcome back to the DUI Channel we are in Raton New Mexico where on January 10 2020 at 9 24 PM while in a marked Patrol unit over a tone patrolman observed a red Toyota SUV traveling southbound in the 900 Block of South 2nd Street in the right lane of travel the vehicle weaved and crossed the fog line then swerved back toward the left crossing the center divider line between both lanes of travel the officer engaged his Emergency Equipment and approached the vehicle beside the Colt Motel as his investigation begins is you crossed the solid white line the fog line on more than one occasion what you cross the solid line the white line the fog line more than once what's that which I don't believe okay you want to see my license I would like to see your license yesterday have you had any alcoholic beverages to drink tonight one one how long ago was that I just left the vfwc W you just left the VFW okay so why why were you going 15 miles an hour down south second you always drive slow and then what was the reasoning for driving up onto the curb when I was pulling you over we get it out of the highway to get out of the road yeah okay yourself okay sir I'll be right back with you got a question for you sir is there anything that would prevent you from standing for a long period of time or walking in a straight line I'm disabled so you're disabled okay so if I could when I can have you do is step back here to the back of the vehicle I would like to run some standardized fields sobriety tests okay and we have some alternative tests that way you don't have to do the walk and turn as well as the one-legged stand because you're disabled but I can have you sit on the bumper right back here sure we're in here me too go ahead and have a seat on your bumper sir 1447 I'm gonna do 1060s well would it be easier for you to sit sideways in your seat wherever you ask me all right that's fine if you want to do that that's fine we're gonna go ahead and sit in your front seat just turn sideways okay [Applause] okay sir so what I want you to do is you see the tip of my finger yes okay you gotta follow the tip my finger with your eyes and your eyes only do you understand I have one nine I'm blind you're completely blind in that eye yes but it's your real eye bird feedback it's not it's not a glass eye though no sure and it operates with the other one yes I'm assuming yes yes sir so do me a favor just follow tip my finger with your eyes and your eyes only okay [Applause] just right sir just Thrice make sure you follow and tip my finger with your eyes I'm trying to you're trying to okay follow tip my finger with your eyes so you're looking me dead in the face okay okay sir so you're still not falling I'm not going to do exactly what you asked me all right so what's your highest grade level sir your highest grade level since you graduate high school did some College college yes okay so you can count from zero to a hundred yes sir okay so what I'd like you to do is I'd like you to count backwards from 84. to 69. 84 3 2 1. 8 just a second 77 76 75 74 73 72 72. 1 69 68 6 65. 64-63 62 61. 60 would you tell me yourself I told you to stop at 69 sir 69. okay so do you know your alphabet a b c d hold on hold on do you know you know you so you know your alphabet yes okay so what I'd like you to do is say from K to Y without singing it start a k and end at y okay a b z j k l i m I know yeah I got mental problems what kind of mental problems do you have sir I don't remember it too good okay so for this test whatever handle you're choosing what I'd like you to do is you're going to take your hand and you're going to place it just like this okay now when I when I tell you to start what pay attention to me and listen to instructions you're going to do just like this touch the tips of your fingers to your thumb you're going to go one two three four three two one that is one sequence I need you to do three sequences do you understand no I know okay so it's gonna look just like this one two three four four three two one two three four four three two I need you to do that three times [Music] four three two one one two four okay sir hang out just for a minute okay sure um so I came off galasteo onto South Second uh headed south and I ended up behind this vehicle um and the 900 block right by the power plant he crossed the fog line and then he came back and then he crossed the dotted line and then in the Thousand block he crossed the fog line and he just kind of wrote it for a minute and then he came back over and then he dropped down from 25 miles an hour to 15 right um the light was green he stopped at the light and then he continued through I thought he was going to pull over he had his turnstick lawn and he stopped at the light for a minute and then he pulled through and when he got here he actually just drove up over the curb he came here um I have a slight over odor of an alcoholic beverage I asked him if he's had anything to drink he said he just left the VFW he only had one beer um he said he's disabled so I didn't uh do the walking turn I tried with the the hdn but he said he has a he's blind in his right eye so he can't see the fingers but even with his left eye he wasn't following my finger at all he was just looking me dead in the face um and then the rest is standard standard tests that's what do you think I think he's a little too intoxicated to drive per the this the test yeah as long as you got the entire driver make sure articulate all right yes sir he said he had one beer and he just left the VFW and how long ago did he drink it didn't give me that answer he said he just left the VFW 1447 can I get a KQ out of Colorado by Olin how you doing tonight sir where are you coming from tonight sir where are you coming from tonight the where Bruno's Bruno's okay not the VFW to VFW okay have anything drink over there the toke has a beer okay just one yeah how long ago about she's as soon as I left uh right now it's uh 9 40. how does it take to drive from here to there oh so you just drank it then yeah okay what kind of beer did you drink water slide of course light just a standard 12 ounce or was it a bigger one is a bottle of beer sir okay yeah like I said sometimes they have the tall boys sometimes they have normal sides so just a standard 12 ounce in um right okay all right sir just wondering okay sir so what I'd like you to do is go ahead and roll up your window and you're going to turn off your vehicle okay okay sure no just go ahead and roll up your window what else did you want what's that what else did you ask me go ahead and turn off your vehicle sure and do me a favor go ahead and take your keys out of the ignition and step out of the vehicle for me sure [Music] what's these uh you can you can keep them on you sure okay sir so go ahead and steps aside for me so you're gonna be placed under arrest for DUI okay what's that I'm not doing it okay that's fine so what I'm gonna do is because you said you're disabled and you have some issues I'm going to place the handcuffs in the front all right so do you have any weapons on you we're gonna do what I'm gonna place the handcuffs in the front so they're gonna be on your wrists in front of you not behind you you're pushed me into the rest for what for a DUI sir I don't think so sir that's how this is gonna work okay so what I need you to do is go ahead and let me see those keys so I can put them in your pocket do you have anything on you that's any deadly weapons anything else supposed to I got an iPhone okay where's the knife at don't reach for it so good in the park okay so do me a favor go ahead and turn around and place your hands on the on the vehicle [Applause] [Applause] thank you I'm just going to put this in your vehicle okay sir yes sir okay sir go ahead and turn around face me [Applause] do you have someone that you're able to contact here in town that would be able to pick up the vehicle what you're going to do with me tonight yeah but yeah I live it's okay way down oh dear okay is there someone that could pick up the vehicle then that you that you can call uh not right now I don't have their number okay who is it is she managers up there is she Mr Grant he's on he's down in Orlando Florida right now okay so I can't call him okay but it's the ones who's managing managing the KOA okay sir do you have the keys uh the keys are actually in your pocket so we could try to contact them and get a hold of them to that okay yeah sure all right so do me a favor let's go to the back of my vehicle so spit your gum out your gum I can't spit it here on the street go ahead and spit it up okay let's go to my vehicle I which one sure this one right here we're gonna go to this back door right here okay let's see thank you your seat belt I'll seat belt you in did you give me my license back I still have it just a moment okay sir listen to me I'm about to I'm about to tell you something important okay you are under arrest for driving on the influence of a toxicating liquor beverage New Mexico implied consent act requires you to submit to a breath test to determine the alcohol contents of your blood after you take the test you have the right to choose an additional independent test if you choose to take an additional independent test you have the right to a reasonable opportunity to arrange for a physician a licensed nurse or laboratory technician or technologists who is employed by a hospital or physician of your own choice to perform the additional chemical test the cost of this additional test will be paid by a law enforcement agency do you agree to take the test I'm not drunk okay I just need to know if you agree to take the test yes okay sir so it's a yes or no I'm not drunk it's just a yes or no sir the first best of my ability the best year I just said yes or no you agree to take the test or not I answered your question to the best of my building no that's not what I asked you I asked you for a yes so is that a no I need an answer sir I need a yes or no answer you're going to take man's tracking yet I need a yes or no answer though you said no you're not drunk I told you I'm not drunk so is that a no you're not you're not agreeing to take the test I'm not drunk or should I take a test okay I cannot force you to take a test but if you refuse you will lose your New Mexico driver's license or hold on hold on or non-resident operating operation privileges for one year if you're convicted in court of driving while under the influence you may also receive greater sentence because you refused to be tested do you understand sure I'm cold do me a favor and turn your head to the Lesser following the arrest the suspect George was taken to the visual Maldonado detention center for further processing once there he refused to submit to a breath alcohol test in court the defendant was charged with aggravated driving while under the influence of intoxicating liquor or drug first offense otherwise known as DWI on October 6 2020 the case was disposed as Noah prasek way this means that the prosecution chose to no longer pursue the case the suspect was therefore not sentenced nor ordered to pay any costs related to the incident whatsoever