I'm not driving home. >> I'm driving home. >> No, you're not. Ma'am, you are way too intoxicated to drive home. >> I'm not. >> Yes, ma'am. You are. You can't even walk in a shower. >> I'm refusing arrest. >> You can't do that, ma'am. >> I am doing that. >> It's okay. These aren't good. >> I'm refusing arrest. >> Let me go. >> Now you're going to jail for DUI. And >> on April 26, 2024, this encounter raised three legal questions. How far can a detention expand? where the field sobriety tests sound and what does the law say about resisting arrest? >> Hey man, throw your car in park for me. Okay, >> will you step out and talk to me, please? I'm officer Cornell. >> I paid for my baby. >> Okay, let's just uh let's talk about it. Okay, we'll talk about it over here. >> Okay, will you stop talking? Okay. So, um, first off, what's your name, ma'am? >> Carol. >> What's your last name, Miss Karen? >> Karen. >> Miss Karen, can you step back out for me, huh? >> Uh-huh. >> He did not give me my vape. >> Okay. Um, do you have the vape that she >> she had it in in the car? >> Where? >> Okay. >> I don't know. She brought it here. >> What kind of vape was it, Miss Karen? >> Strawberry. Strawberry. Here's what we're going to do. Instead of having you messing around, uh, just looking through the car, let me get you to step out. Okay. >> It's not in here. >> That's okay. Just let me get you to step out. >> Okay. So, you're saying that you didn't take it? >> I didn't. >> Okay. But you said you paid for it. Do you have your receipt where you paid for it? >> She didn't pay for it and she just want to go without paying and I just paid >> make or return me back. So, his system is telling is saying that >> Hold on a second. Hold on a second. Um, >> I'll pay again. >> So, do you have it or do you not have it? You don't have to look, but >> I don't see it. >> Okay. So, you didn't walk out with it? >> Pay again for it. >> She walked out with a video or two and I just walking follow. >> Okay. Um, if she gives it back, if she pays again, >> are you guys going to press charges? >> No. Okay. All right, Miss Karen. So, >> if she pays, you're not going to press charges? >> No. >> Miss Karen, step into the store. Okay. >> Sure. >> Yes. You going to pay >> 1943. >> See 5 [ __ ] The cigarette. >> You already had it. >> No, I don't have it. You walked off. >> I don't You have it in my car. You guys >> Let's go this way. Okay. Here's here's how we'll run this situation. >> Let's go. Do you mind since they're saying that you walked out with it and they're saying that they have video of you walking out with it? Do you mind if I look in your passenger compartment? Okay. So, I'm going to hand you this. I'm going to have have you step with this officer and stand right here. Miss Karen. Hey. >> Oh, hold on. Don't get back in the car. I'm going to have you stand with this officer. Okay. I'm going to search in your passenger compartment for their vape and we'll see if we find it. Okay. So just hang out with us. >> Why are you guys so mean? >> H >> Why are you guys so mean? >> What do you mean? >> Why are you so mean? >> Like step over here like it. I got to go get him out. And I was speaking loud enough so you could hear me >> cuz I had asked you another time, hey, come over here. >> And you kept walking to your car. And when you keep walking to your car, then I'm going to raise my voice and tell you how old >> I'm 30 years old. Yes, sir. >> So, are you proud of what you do? >> Absolutely. >> Not yet, Miss Karen. How did that get the bait? >> I'm just going to look in here. Okay. Then we'll go in and we'll try to figure out a solution. Not as good. >> There you go. >> Thank you so much. I appreciate your help. >> So, here's the thing. How much wine have you had today? >> Not much. But >> not much. >> No. >> How much is not much? >> I've had a glass. >> You've had a glass. Okay. Have you taken anything else? >> No. >> Okay. Cuz what I'm observing is that you're slow in your words. You're very unsteady on your speech and you almost rear ended somebody when you were trying to pull out. >> Okay. >> So, when you say a glass >> I'm a mile down the road. >> I understand that, ma'am. But you still can't drive intoxicated. Okay. Which is what what I'm getting to. You understand? How much is a glass to you? >> 4 ounces. >> 4 ounces. Okay. What kind of medication do you take? >> I don't take any >> no medication or do you take any other anything else that would cause you a little unsteady? >> Nothing like that. Okay. Um, so here's the thing. If that's the case, that's fine. Would you mind if I check your eyes just to make sure that you are safe to drive before I let you to pull out of here? Of >> course. >> Okay. All right. Um, do you have any type of head conditions or anything else like that that would impair you from following my finger? >> No. >> Nothing like that. Do you have any injuries with your balance, hips, anything like that? Okay. Um, what we're going to do, let's get you right over here and then I'm just going to check you. Make sure you're good. Okay. We're just going to walk right over here. All right. What we're going to do, I'm going to put my finger in front of your face. Okay? I just want you to follow my finger with your eyes and eyes on there. Do you understand that? Okay. Just go ahead and drop that hand for me. Just kind of relax. Stand straight. Okay. All right. You understand the instructions? Eyes and eyes on. All right. There's my finger. See it? Okay. >> All right. You can blink. We got a couple more rounds of that. Okay. >> All right. >> All right. >> Just move your eyes and eyes only. Okay. Don't move your head. >> Okay. >> It's hard not to move the heads. [laughter] >> Just move your eyes. >> Okay. >> Try that. Just move your eyes. Okay. Just follow. Okay. Just follow with your eyes. Okay. Don't move your head. >> Okay. Next thing we're going to do, um, you said that you don't have any type of like balance issues or anything else like that. That'll prevent you from walking. Okay. Um, what I'm going to have you do is we're going to come right over here and I want you to stand just like you are on this line. Okay? I want you to stand facing me. All right? And then I want you to keep your hand on by our side. Okay? I want you to put your left foot on the line. And then I want you to put your right foot in front of your left foot. Just like that. So return back to the back to where I had you. Okay. I'm going to get you into a starting position and I want you to stay in that position until I tell you to begin. Okay? So, get right back on the line where you were. Left foot on the line just like you have it. Right foot in front of the left foot in a heel to toe fashion just like I'm showing you. Can you do that? Look, my kid. >> Do you have balance? Any any injuries? >> I do. I have um >> Hold on, Miss Karen. Miss Karen. >> That's not what we're going to do. Okay. >> Hands behind your back. >> No, you're not. >> Miss Car, please don't. Okay. Let's not do that. Put her in handcuffs. Let's not do that. Please guide me, please. >> No, ma'am. We cannot. Okay. Cuz you are driving under the influence. >> You're under arrest. >> 6295 signal work. >> Miss Karen. >> Yeah. >> Hold on. Hold on. >> Can I drive home? >> No. You cannot drive home. >> I'm driving home. >> No, you're not. Ma'am, you are way too intoxicated to drive home. >> I'm not. >> Yes, ma'am. You are. You can't even walk in a shoreline. You got to jump. >> That's hurting. very badly. >> Okay. Well, just hold on. Okay. >> Can you please let me out of it? >> No, ma'am. Cuz you have driven here very intoxicated. Okay. Um, go ahead and do this. >> Can you please let go? >> No, ma'am. >> I'm driving home. >> No, you're not, ma'am. Okay. So, the state of Georgia has conditioned your privilege to drive upon the highways of the state upon your submission to state administer chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you're under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive upon the highways of the state will be suspended for a minimum period of one year. >> I'm refusing it. >> So, you you notice I drive home. >> Well, okay. >> Let me unhook me. >> All right. You have a right to remain silent. Anything you say can be used against you in the court of law. You have a right to an attorney if you cannot afford to hire one. One will be appointed to represent you before any questioning if you wish. Okay. >> She slivered right under those. >> Put the put your uh >> Let me the [ __ ] go. >> No under arrest. >> I'm not. I'm refusing arrest. >> Well, if you keep refusing arrest, then you're going to they're just going to have to go back and forth with you and then that's going to cause you. >> I'm refusing arrest. >> You can't do that, man. >> I am doing that. >> That's okay. These aren't good. I'm refusing arrest. >> Let me go. >> I'm refusing arrest. >> You can't refuse arrest. >> I can. >> No, you can't. Unfortunately, >> I can refuse arrest. >> Please let go. >> No. Now you're going to jail for DUI and obstruction. >> That was a really You're killing me. >> Well, because you just slipped out of my handcuffs. So now I got to get them tight on you. No. Walk this way. Please don't make me carry you. >> I really don't want to do that. >> Can I get my vape and my keys? >> I will get everything for you. Okay. >> I refused arrest. Why are you still arresting me? >> That's you are you can't do you can't refuse arrest, ma'am. Okay. Just like you can't drive intoxicated and you can't slip out of handcuffs. Uh we'll get your keys and everything. Okay. >> Take them off. >> No, ma'am. That's not happening. And if you slip out of them again, then it's not going to be good. Okay. >> Uh we got our keys and everything. >> You want to tow it? >> Yeah. It's It's not It can't sit right there. So, >> uh will you go ahead and Hey, John. Since I can't leave her, will you also search the vehicle for intoxicants for me? >> Thank you. >> I need to go to the bathroom. >> Okay, we'll get you to the bathroom. Okay. >> Can you please unrest me? I'm not going anywhere. >> No, ma'am. >> I can promise you that. >> No, ma'am. We can't do that. Did you get my keys and everything? >> He's getting them right now. >> Please unarrest me like I'm not going anywhere. >> No, ma'am. Just like you you you can't do everything that you do. Okay. >> You want a purse or anything? >> Yeah, just go ahead and grab it. >> Can you please just let me go home? No, ma'am. I can't. >> Issue one, detention. Under Terry versus Ohio, 1968, an officer may briefly detain a person on reasonable suspicion. Pennsylvania versus Mims, 1977, allows ordering a driver out of the car. Rodriguez versus United States 2015 limits a stop to its original mission unless new suspicion appears. Slow, unsteady speech, admitted drinking, and a near collision supplied it. Under Georgia Code Section 46 391, driving while impaired to the extent it is less safe to drive is prohibited. No specific alcohol concentration is required under that theory. Issue two, field sobriety tests. The horizontal gaze nestagmas test, walk and turn and one leg stand form the battery standardized by the National Highway Traffic Safety Administration. Reliability depends on strict administration. That training calls for screening medical and balance conditions before testing. The officer screened then confirmed the answers before the walk and turn. A possible disclosure surfaced only mid instruction. The walk and turn was never completed and the onele stand never began. Physical performance on these tests is non-estimonial. Under Pennsylvania versus Mooney's 1990, the state is left with observations and an admission. Issue three, implied consent. Georgia Code section 4555 conditions the privilege to drive on consent to chemical testing after lawful arrest. Section 4567.1 requires a specific notice. Refusal is a recognized legal choice. It still triggers an administrative license suspension of at least 1 year separate from the criminal case. Elliot versus state decided by the Georgia Supreme Court in 2019. bars using a breath test refusal as evidence at trial. Prosecutors lose a piece of proof. Issue four, refusing arrest. No such right exists. Georgia Code section 17420 authorizes warrantless arrest for offenses in an officer's presence. An arrest believed unlawful is challenged in court not resisted. Pulling away, slipping a handcuff, and refusing to walk fall under Georgia code section 161024. It punishes obstructing an officer in the lawful discharge of official duties, and lawfulness is an element the state must prove. Issue five, the vehicle search. Arizona versus Gant 2009 permits a search incident to arrest when it is reasonable to believe evidence of the offensive arrest is in the vehicle. In DUI arrests, open containers can qualify. A second independent basis is inventory. South Dakota versus Operan 1976 allows a standardized inventory of a vehicle before a lawful tow. Issue six, Miranda. Miranda versus Arizona 1966 governs custodial interrogation. Burkimer vs. McCarti 1984 treats roadside questioning as generally non-custodial, advising after arrest before questioning is sound. According to case information released with the footage, the DUI charge was dropped. Probable cause supports an arrest, but conviction requires proof beyond a reasonable doubt, and no chemical result existed. The obstruction charge ended in a guilty plea. That outcome rested on recorded conduct, not on the strength of the DUI case. You let me go. >> Why can't you let me go? >> Because ma'am, uh, right now you're under arrest for DUI. Okay. I can't let you go. >> Please. >> Your vape's in your purse, ma'am. You'll get it when you get out of the jail. Okay. >> Please. >> 6 7 Central. I'm going to rock 600. >> Please let me go home. >> No, ma'am. I can't do that. Oh, this hurts so bad. You're injuring me. >> No, ma'am. You're not getting injured. >> Charges. You're hurting me. So much. I wish you would [ __ ] laugh me. Unleash me. It hurts so much. I'm hurting. You're injuring me. >> Please. I've got to blow my nose. >> Okay, we can we can take care of that at the jail. You don't care if I have to blow my nose? >> I just can't fix that right now, ma'am. >> You're going to have to. >> Well, I'm not going to. They can fix it at the jail. >> Take me the [ __ ] home. >> I'm going to report you for abuse for handcuffing me like this. I've asked you several times to release me and you have not >> cuz you're under arresting you. >> Okay. >> My window down. >> Okay. >> I don't want it down. >> You don't want it down? >> Please turn on the air back here. >> Uh ma'am, the air is on. I don't have a separate air system for the back, but it is on. I promise. Officer Cornell receives a B+. The detention expanded lawfully. Screening proceeded testing. The implied consent notice was read and Miranda came before questioning. Force stayed at soft empty-hand despite sustained resistance. The grade stops short of an A. A preliminary breath test and fuller medical screening would have strengthened the record. Repeated complaints of handcuff pain also called for a visible check of cuff fit. The subject receives a C. Declining chemical testing was a legal right and completing the eye test was reasonable. Denying any balance issue, then raising one mid test weakened her position. Pulling away, slipping the handcuffs, and claiming a right to refuse arrest turned a defensible DUI case into an obstruction plea. Lessons learned. One, an original stop reason does not cap the investigation because new suspicion widens it. Two, declining chemical testing is legal, but the license penalty applies anyway. Three, there is no right to resist arrest. Challenge it afterward through council and the courts. Four, state any medical or balance limit before field tests begin, not mid test. Five, obstruction stands on its own and a dismissed DUI does not erase it. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below.