someone just skid into and and hit the house that's where I am it's right on the corner the house next to mine is anybody at that house home that you know of no nobody's home oh my god and the car went into the house um yeah well part of it did and could have killed somebody if they were I was going too fast around the corner on October 6th, 2025 Brookfield police responded to a single vehicle crash into a residential home the preliminary breath test returned 0.195 more than twice Wisconsin's legal limit of 0.08 that single number reframes every legal question that follows in this investigation where's your emergency uh on the corner of Jackson and Cleveland someone just skid into and and hit the house that's where I am it's right on the corner the house next to mine is anybody at that house home that you know of no nobody's home okay what kind of car is it I can't tell that doesn't matter did the airbags I can't tell because okay did the airbags in the car go off I have no idea did the airbag airbags go off I don't know I don't know well we're gonna send the fire department anyway oh my god and the car went into the house um yeah well part of it did all right we'll have the fire department and the officers in route over there okay thank you anybody live here anybody live here she's probably at work okay what happened um my foot hit the wrong pedal the who my foot hit the wrong pedal are your license on you yeah you know their phone numbers and stuff or anything I think we got her phone number okay I've we've got keys to her house she's got a dog too okay I haven't seen the dog I heard it barking on the other side over there so we have a dog next door you guys okay got you but she's got a small dog okay if you can get that phone number for me I can go get the keys okay and try to get the dog over to our house alright if you can get a phone number for me I appreciate it okay thank you so you were going northbound explain to me even if you hit the wrong pedal you could still stay on the roadway how did you end up in a house good question that's what I'm asking yeah I fell asleep were you on your phone so how did you end up in the house I hit the wrong pedal I was going to pick up my son from school you're going to what pick up my son from school okay yeah so even if you hit the wrong pedal you could stay on the roadway how did you leave the roadway that happened so fast officer did you have you had anything to drink today no have you taken any medication that would like alter your ability to drive no do you take any medication yes just put a number in the cat for me oh it's not like it's through the house yeah the dog's like uh I heard I heard a dog in here enjoy I hope so do we call it talk up I don't know OK should not is a state of opinion does it impair or does it not impair it does not so you don't know how you left the roadway so my ex husband up Dan Miller he's being my son right now um he wasn't in the car with you right no so how would he explain to me how you left the roadway we gotta write a report so in the report I have to try to make sense of how your car left the roadway and could have killed somebody if they were I was going too fast around the corner so which way were you going were you going north this way where were you coming from Jackson Avenue okay so you were making a turn correct okay you didn't say you didn't say that at first I'm sorry officer okay I was coming too fast so which way were you going on Jackson I was coming um this way so you were going on Jackson Avenue so you were going eastbound on Jackson Avenue to northbound on on um this road here and um I turned too fast and I turned too fast central Portland too you can just advise that homeowner that the dog is at the neighbor's house and it's fine you wanna go to the hospital no you just have amnesia can't remember how you put your car into a house I already told you sir yeah you told me nothing you told me you don't remember I didn't say I don't remember OK you said it happened too fast yeah I got it I'll get it I'll get it back I got it I gave it to the officer he's copying it down I'll get it I'll get it so yeah you're going eastbound on Jackson you made the turn and you hit the gas instead of the how fast do you think you were going when you hit the house most people when they turn they're turning like at 15 10 to 15 miles an hour well it was faster than that house so I'm sorry about that don't be sorry I'm not mad at you for it well I'm I'm not mad I'm I'm irritated myself I don't take it personal oh yeah we just have to write a report I understand that sir obviously you know you're gonna get some tickets well no sh*t which way you coming from so she was going eastbound Jackson she made a northbound turn hit the gas instead of the the brake pulled over to the corner of the house do you have insurance on your car I do alright let me get your insurance policy information and what's your phone number so looks like my sergeant has a a PBT in his hand you said you didn't drink it would obviously benefit you if you just blew into it so we can put in our report that you blew zeros you willing to do that no no otherwise they're gonna turn this into a DUI investigation so if you didn't have anything to drink it's in your best interest to blow into the PBT I can't force you I'm not I'm not making you but you're telling me definitively that you had nothing to drink you said it multiple times so if you didn't that should register zero but if you choose not to then we have to do our job and part of our job is looking at this as possible DUI so did you have anything to drink today earlier okay what time and how many because if again I'm not forcing you to do this but if you don't do it what they're gonna end up doing is they're gonna transport you to the hospital in custody they're gonna draw your blood and we're gonna get it right from the blood so if you're cooperative it'll put things into perspective a little bit quicker for us so we can understand what happened but if you again if you don't wanna cooperate and you don't wanna do it that's your prerogative okay nobody's making you all I'm asking you to do is tell the truth that's it alright she's gonna blow into this OK push them out over like a bump blow just keep blowing OK keep pushing out push push push push there you go keep pushing so how long ago have you had that's it OK your blood alcohol shows point one nine five OK alright under Wisconsin Statutes section § 346.63 operating with any prohibited alcohol concentration is a criminal offense but Section § 346.65(2) elevates penalties when the concentration reaches 0.15 or greater the suspect's reading falls squarely within that enhanced penalty tier exposing her to significantly harsher consequences the preliminary breath test itself is governed by Section § 343.303 and its evidentiary use is limited a preliminary breath test establishes probable cause to arrest it cannot standing alone prove guilt at trial so what you do is you gonna step over here real quick for me yeah alright just stand right here we'll do some uh so go ahead put your phone in your in your satchel there okay and just go ahead and face me alright put your hands out to your side stand by as to your sobriety test you're gonna participate in those sobriety tests tell me a little bit more well I'm wearing like natural shoes you can put your shoes you have shoes just put them all the way on that's your choice you choose not to put your shoes all the way on I'll do the paperwork you want to do barefoot it alright take your satchel off if you want to sit it down over there as well how's your you have any other medical conditions medical issues nothing OK how's your overall overall health hmm it's fine OK you need contacts in your eyes alright the last time you have you have you consumed alcohol I'm not having last night you wanna know that the the test show this was just response to the woman okay alright and that's why we want to ask a special give you a chance to prove that you're not intoxicated like I said I mean so there's still a breathalyzer test to do that no it didn't well you still blew over the limit why not we're getting we're doing the field sobriety test as a complete process and now and as you're talking to me now I smell the alcohol coming from your breath all right and I have a small sense of smell so that's why we're doing these tests okay this one works this one works alright new favorite put your feet together put your hands on the side okay you stay in this position alright you're not gonna move from this position for the rest of the rest of this test okay I'm gonna move my finger back and forth across your face okay and keep your head straight and you're gonna follow my finger with your eyes and your eyes only you understand do not have any contact in correct okay so I'm gonna reach towards you but I'm not gonna touch you okay it's gonna be the proper distance from you alright so just stay on my finger tip right here okay put your chin down hold your chin up okay just keep your chin like this just let your eyes go up on its own okay do one more time keep your chin level there you go alright so for the second for the second portion of this alright you gonna do me a favor you gonna put your left foot so pretend like this is an invisible line here's here's the thing you have shoes right there but you can put on and not walk on your heels you wanna put the shoes on to do this you're gonna have to walk back and forth they're not slip ons they have a heel are they too small for you or something no OK I'm just giving you an option is your shoes versus your bare feet thank you and you're choosing your bare feet yes OK so do me a favor get together like so hands outside alright pretend like there's an imaginary line that goes straight down OK you're gonna walk straight on that imaginary line do you understand that are you sure yes alright so do me a favor place your left foot on your measuring line your right foot in front of your left like this heel to toe okay keep your arms at your side and stay in that position don't move and don't start walking until I tell you do so you understand yeah alright so maintain that position okay when I tell you just when I tell you to start no stay back in the position don't move from that position arm keep your arms pinned to your side like like this pinned to your side heel to toe see how me I'm doing yeah I got it alright so when I tell you to start not until I tell you to start you're gonna take nine heel to toe steps straight down this line okay put your hands up your side ma'am stay in position do not move from that position until you're told to okay this is the third time I'm telling you this okay once you reach your ninth step you take a series of small steps you're gonna turn around and you're gonna continue to count nine heel to toe toe step back down this direction out loud you understand yes and keep your arms at your side and look down at your feet okay it's gonna look something like this alright nope back in the position for the fourth time don't move from that position until I tell you to do so do you understand you sure alright so don't move again it's the fourth time you did that so just like this you can like this one two three all the way to 9 not 3 to 9 you understand are you looking at me yes alright here's the steps you're gonna take step like this to turn around and then continue one two three all the way down to 9 is that clear yes you may begin 1 2 three four five six seven eight nine one two three four five 6 alright so first thing let's go ahead and put your feet put your feet together arms out side okay when I tell you to do so you're gonna lift either foot of your choice right or left doesn't matter you lift off the ground it's gonna be 6 about six inches off the ground it's gonna be parallel to the ground do you understand you look down to your foot you're gonna count out loud when you count it's gonna be like 1000 one 1000 two 1003 okay with something like this okay 1 thousand one 1 thousand two one thousand three 1004 do you understand I understand keep going until I tell you to stop alright take this off the ground and parallel to the ground alright may begin 1 thousand one 1 thousand two 1 thousand three 1 thousand four 1 thousand five 1 thousand six 1 thousand seven 1 thousand eight 1,000 nine 1,010 1,011 1,012 1,013 1,014 1,014 like this 1,015 1,016 1,017 it was too high up you gotta be parallel alright stop what number you end up end up end on 21 alright so how much you say you have to drink not answer you don't have to answer it okay so obviously you blew over the the the double the twice the limit okay you said you had some alcohol but you won't tell us how much okay I understand that uh go ahead turn around for me that is why the officer correctly proceeded with the full Standardized Field Sobriety Battery even after obtaining the reading the three test battery horizontal gaze Nystagmus walk and turn and one leg stand is validated by the National Highway Traffic Safety Administration under Berkemer v. McCarty roadside sobriety testing is non custodial and does not require a Miranda warning and under Pennsylvania v. Muniz physical performance evidence from these tests is treated as non testimonial the suspect's repeated denials of alcohol consumption later contradicted by her own admission carry independent legal weight you've been taken into custody under for DUI do you understand put your hands together like you're praying can you log one custody and can you see if you can get me a female officer for a search to perform you have any knives weapons on you or anything no look for your hoodie up real quick alright your stuff's gonna come with you but uh put your glasses on alright we'll put this all together you want to slip your shoes on go ahead you put these in your in your purse alright alright go ahead and walk there's gonna follow you OK perfect I asked him for a female but yeah let's go this way yeah alright hold on one second go ahead and slide down put your left foot in first under Wisconsin statute Section § 946.41 obstructing an officer does not require physical resistance knowingly providing false information with intent to mislead law enforcement satisfies the statutory element on its own her eventual acknowledgement of turning too fast also functions as an admission against interest under evidentiary rules that admission supplies the factual foundation for the separate charge of criminal damage to property under Section § 943.01 the responding officer receives a grade of a minus for a procedurally clean and legally accurate investigation he began in a community caretaker role explained implied consent without coercion and preserved evidentiary integrity throughout the grade is held below an a because barefoot administration of balance testing introduces variables defence counsel may exploit at trial the suspect receives a grade of d for compounding an impaired driving offence with sustained dishonesty toward the investigating officer only her physical compliance during the arrest prevents the grade from falling to an F the lesson here is straightforward refusing a preliminary breath test does not eliminate a driving under the influence investigation under Wisconsin's implied consent framework a subsequent evidentiary blood draw can still be obtained by warrant equally important inconsistent explanations offered to an officer can transform a single traffic offense into multiple criminal charges silence is a protected constitutional right fabrication is not and it carries its own criminal exposure let us know if there is an interaction or legal topic you would like discussed in the comments below thank you for watching and don't forget to subscribe for more content on police court interactions