welcome back folks to the DUI Channel we're in Saratoga Springs New York as police arrive on scene to a property damage accident Okay so you're driving okay do you want to just come talk to me real quick man so what's going on tonight what happened trying to get home where does Sarah to Saratoga yeah okay from where from Saratoga from Saratoga to Saratoga yeah okay correct yeah yeah where are you driving from Saratoga where in Saratoga I'm right up the street right up the street where's right up the street Empire run okay where were you driving to in Saratoga um okay so you're not driving to Saratoga correct but close the Boston Lake correct half an hour but I can say that if you want me to stay there an hour away like I say right here if you want how much have you had a drink tonight one drink one drink yeah just put the gun out for me please you want me to yeah please you had one drink what time was that at an hour ago never go away um Empire run Empire run it's right here yeah nowhere okay okay I'll show you you don't need okay okay if you're we're doing an Empire run to see my friend okay and but she's like right here no you're fine okay do you have your ID on you [ __ ] it's in the car it's in the car okay is it your car or is it someone else's car it's the problem my car it's probably your car yeah would it be registered if it register registered to if it wasn't you is probably my car it's probably your car yeah so who would have come back to if it wasn't you my car um the Porsche Porsche in my car I can see your car and I'll go not good okay stay right here for me please what's your name bam what's your name all right Kelly come over here for me please okay me too if you have a unit star me a gray box all right right over here to my car please stand right here face your car don't move okay okay so you said you were driving from Empire run correct it's like right here literally okay so which way which way down the road were you coming you're going this way or this way so you're going like this yeah yeah how'd you hit the truck then I'm not don't don't worry about your phone for right now I gotta talk to you okay okay how did you hit the truck I don't know okay so you're saying you're driving from north to south going this way going to Boston Lake correct which is that one yeah yeah Boston likes that one correct but you're driving that way yeah going home okay I just want to make it clear all right I just want to make sure you get the story right all right and how many drinks have you had tonight two okay what were they to drink um just cost Amigos on the rocks Amigos on the rocks all right and the last drink was one a couple hours ago a couple hours ago yeah okay okay all right um if you want you can put your phone right on the okay go to the car for me I just gotta put you through a couple texts me test make sure you're safe to drive all right yep what I want you to do is I want you to stand heels together toes together Army aside just like that okay yep yep okay all right are you on any medications right now no no have you had any other illegal drugs tonight smoking any weed anything like that I don't okay just want to make sure yeah um are you diabetic at all no yeah all right do you have any medical issues I don't know do you have any issues with your legs you're probably walking or anything like that okay any issues with your back okay when was the last time you slept uh eight hour ten hours ago okay what time do you wake up today [ __ ] let's get a full nicer ass yeah okay when was last time yeah I just just like they asked to make sure I get all the information again like like it was a little nicely all right what was the last thing you ate uh like chicken tacos is that okay yeah that's fine okay and uh how long ago was that it was like 10 hours ago at least okay all right so I want you to stand just like you are right now okay yeah all right can you see my pen all right all right you tell me what color my pen is all right do you wear glasses or contacts at all right all right tell me one more time what color it is blue blue all right well it's a black pen okay okay all right so I want you to keep your eyes right here on the tip of the pen all right you gotta stand still you got to keep your head still okay keep your eyes on the tip of the pen you're going to follow the pen with your eyes and your eyes only do you understand yep okay keep on it yeah not following it for me okay no I am no every every single time you stop we gotta start over Okay so as long as you follow the first time we get it done in one try right okay all right ready I'm good keep following it okay keep following you're doing good yep oh don't move your head keep your head straight out okay yeah yeah look straight at me okay ready yep you gotta follow the fence I do almost done um straight yep okay I don't know yep all right for this next test I want you to imagine a straight line right in front of you okay nope stay right where you are they're perfect right there stand right there all right just like here I want you imagine a straight line right in front of you okay why don't you take uh your right foot put your right foot right in front of your left foot touching heel toe just like me right foot in front of your left foot touching heel toe oh look at me see how am I standing see how am I standing put your right foot in front of your left foot touch and heal the toe all right all right keep your arms on your side you're going to stay in this position while I explain the rest of the test okay you understand that yeah okay when I tell you to You're Gonna Take A series nine Heel To Toe steps forward you're gonna perform a turn and come back it's gonna look something like this okay one two three put someone until you get to nine when you get to that ninth and final step your lead foot in place with the other foot you're gonna take a series of small steps just like this turn yourself around nine more heel toe sets back one two three again all the way until nine do you understand that okay so when I tell you to begin now the heel toe steps down turn like a demonstrated nine back look down on your feet count out loud each step so I know what step you're on keep your arms at your side once you've started do not stop until you completed the test if you understand everything I just told you all right go ahead how many steps I tell you to take three one two three you tell me when you're done done all right do you understand what I just told you correct how many steps did I tell you to take okay all right let's stand back over here for me I understand with your feet together arms on your side just like the saying this while I explain the test okay when I tell you two you're gonna pick either foot whichever foot you want you're going to raise it approximately six inches off the ground you're gonna look down no wait until I tell you to yeah you're gonna look down at your foot and count out loud in thousands one thousand one one thousand two one thousand three so on until I tell you to stop do you understand everything I just explained to you you do yeah okay I'll tell you when to begin all right remember to look down at your foot count out loud on thousands keep your arms at your side all right and begin nope let's come back over here do you remember what I told you do you remember the test I just explained to you yeah what did I yeah what are you supposed to do no what are you supposed to do okay yeah but no you're not supposed to look at me I'll explain it one more time for you okay because I don't think you understand it all right okay pay attention all right it's important you got to pay attention Okay when I tell you to You're Gonna raise your foot approximately six inches off the ground you're gonna look down at your foot count it loud in thousands one thousand one one thousand two one thousand three okay until I tell you to stop okay do you understand that yep remember look down at your foot keep your arms out of your side and count out loud in thousands okay I'll tell you when I start yeah yeah you understand right go ahead okay okay is that the test you want to do you don't want to do what I just told you twice okay is not as not it all right so this is to determine the presence of alcohol on your breath or not okay so I need to do is I need to take a deep breath so you're looking on the ceiling blow okay go below out blow out keep going harder you gotta actually blow it was foolproof keep going keep going keep going the preliminary breath test yielded a breath alcohol content of 0.26 percent this is over three times the legal limit to drive in the state of New York okay okay all right right now you're under arrest or driving while intoxicated okay I'm gonna go back to the station talk a little bit more about it there all right do some paperwork let's even get your ride home okay Yep this is my car yeah all right imagine now make sure you don't have any machetes or shotguns or anything like that do you need me to get anything out of the car for you first the phone anything like that your phone's on the hood of my car so I'll grab that is there anything in your car that you want can you get everything from my car yeah I'll get some stuff for you I'll grab your purse and basic stuff like that okay just spread your feet nice and wide for me okay yeah spread your feet nice and wide for me okay sorry it's hard to see in there it's gonna buckle you in okay so no it's okay lean back for me I have to oh you do yep okay go ahead and step out oh I mean it's going right across the road over here I got your phone right here see okay I mean I'm not gonna accept it but I know I'm just letting you know I have it yeah yeah following the arrest the suspect Kelly was taken to the police station where she once again blew 0.26 breath alcohol content approximately three months after the incident the defendant pled guilty to operating a motor vehicle with an alcohol content of .08 of one percent which in New York is considered driving well intoxicated or DWI this was the suspect's first offense she was fined 500 in order to pay 895 dollars in total this amount has been paid in full Kelly was sentenced to zero days in jail along with no probation she was further sentenced to a licensed revocation for six months and a conditional license for one year she was eventually picked up by a sober third party in the early morning hours of the following day do you know her number outside of your head you need an offer phone you can look the number up on your phone okay but I can't like you can't text or anything you got to keep the phone up on the counter so I can see it what is it yeah oh I don't know if I can though uh Jen right yeah nice can you go you can foreign just leave a message and tell her it's yeah you probably won't though she's not answering yeah we'll do this all right you see this we'll call her and I'll call her and put her on speaker okay uh why uh she just called back she's not answering now why but she's probably not so so can we not do that who do you want to call them unless you want to stay here all night is not your answer it's called back though no she's not she's not can I she did your call has been forwarded to an automated voice no can I can I get unlocked no you have to say hang on I do yep Jen what can you help me about the PlayStation okay um so she's at the Saratoga Springs police station at five Lake Ave in Saratoga Springs is my thing is like I don't drive there to pick her up no if you've been drinking you shouldn't drive the paper out we need someone sober to pick her up so if you bring someone sober with you or it can have her try someone else um I don't know Dan thanks a lot he told you to sleep over can you just like are they gonna like let you over like back to my apartment no we gotta release her somebody sober and unfortunately you can't let him go to the taxi or Uber probably not [Music] that yeah you've already admitted to me you've been drinking so we can't release you her two years yeah I mean like I know you're obviously like I'm like I'm like so I don't know dude I don't know uh it's totally up to you uh it can be anybody they just have to be sober [Music] it's all right I thought you were too but she wasn't responding so yeah [Music] Ellie do you want me to like go ask Emilio I don't know Dad what the [ __ ] do you expect like clearly this is not okay this is not okay it's not okay again now I know so whatever can I can I walk or no because you've said you've been drinking so you're not sober you can walk but we can't release her to you after your release or somebody's over [Music] so annoying I don't know Kelly what do you mean there's like there's three people that live in my belly that I'm friends with do you want me to go week one of them you're gonna be okay like yeah you have to you have to what do you mean it out after them clearly clearly you have to Jen you have no choice let's do right there's no other choice no other choice all right Jen I'm gonna tell you to if if you feel like it try to get someone to come down I'm gonna give you our phone number to call us if you do find somebody okay just let me know when you're ready okay all right bye Kelly don't hang up the phone oh no she's not like cheese blue like whatever you know yeah is she okay yep five eight four yeah [Music] yeah and just follow the prompts and it'll take you to dispatch and just tell your call and tell them you're calling for Kelly and they'll transfer you back to me okay yeah go ahead no I'm gonna see if she can get a hold of somebody else too but if no one can come get her she'll be staying here for the night and she'll see the judge in the morning there's no bail or anything like that someone just needs to come and sign for her that's sober yep [Music] who else do you want to try no that's it that's it yeah yeah what about mom or dad no they're like what about siblings siblings old enough no I don't have any no okay there's no other friends in the area that you can call co-workers it can literally be anybody all right I just don't have to see it have to stay here for the night what if Jen gets someone sober to come with her to pick you up then yes yeah okay can you can you call a can you call again she's gonna try and call other people no but but yeah yeah yeah um our observation time is 12 12. that's it that's my sorry uh he I gave him the time for when he has to come and do the test do you have any piercings in your mouth at all no do you have any Dentures retainers anything like that okay I know TV yeah if she can bring somebody in she's not bringing anybody though she's gonna try to she said she was there's nobody in the brain she said she was going to ask one of her neighbors isn't that okay though what no it's not she said she's been drinking so she can't take us she's gonna try to bring somebody I'm telling you she's trying to bring somebody we can't bring anybody in the wall you're not understanding me really