So which way were you swerving? Yeah, you said you swerved. Yeah, well I swerved this way because they were trying to they they were like they were cutting me off. Were they in front of you or behind you? They were behind me and then they they like like went past me. Got you. So they're behind you, you had to swerve to miss them? I didn't have to. He kind of really stopped swerving. Yeah. Okay. When I tell you to begin, go ahead and take nine. Heel to toe steps on the line. You may begin. What starts as a crash investigation quickly becomes a DUI case, raising critical Fourth Amendment questions about when accident scenes become criminal inquiries. Pennsylvania versus Mimms gives officers authority to order occupants from vehicles during traffic stops. But transitioning to DUI requires reasonable suspicion under Terry versus Ohio. Hello. Is this your vehicle? Yeah. Okay. I was not paying attention to the road. Okay. Um and so I tried to swerve and I wound up hitting the the guard rail. Okay. So um um my son was driving his car. Okay, do you have your registration, driver's license, and insurance? >> Yes. Okay. Thank you. It was just you and your son in the vehicle? Yes. It's okay. Just you and your son were in the vehicle? Yes. Um Do you know what the other vehicle looked like that cut you off? Um it was a um it was it was a truck. But that's all I could see really. Um Here, I have this and then I can I have my driver's license. Um I dropped my purse. Sorry. It's okay. I have No weapons in your purse, nothing illegal? No, not really. Um so This is the gentleman who called it in. Her son's in there. She's saying she was run off the road by a possible truck. She has no doesn't have any other description. That's all I got so far. I got my stuff. Where are you headed to? Um I was just heading home. Okay, where do you live at? Um uh it's Okay, where were you coming from? Um I was actually coming from downtown, which is coming to pick me up because >> Is that vehicle there? Yes. Okay. You Where do they live at? They live in the R section, I believe. Okay. So, how did you end up over here? Um we were just taking the um We were just taking the short route. I was just following my um GPS. Okay. >> Go back to uh South Daytona. From the R section, this is where your GPS took you? Yes. Okay. We were just going this way and then they Which way is this way? Um well, we were coming this way and then they like ran into me. And so, I swerved and that's when I hit this. So, which way were you swerving? Right. Yeah, you said you swerved. Yeah, well, I swerved this way because they were trying to They They were like they were cutting me off. Were they in front of you or behind you? They were behind me and then they they like they went past me. Okay. So, they're behind you, you had to swerve to miss them? Yeah, I was just to try to boy there. I I mean, I had my son with me, so I was trying to avoid them. I'm sorry. That's really all I can What were they doing behind you to where you had to swerve to avoid them? Well, they weren't really behind me. Like like they were trying to hit me. Like I I don't I don't know. I was just really Was there any other vehicles there that witnessed this or hear this? Um you know, I not that I know. It was just you? You was the only vehicle there? Okay. I just I just >> So, okay. Just again, because we're going to have to complete a crash report on this. So, I just want to make sure that we have everything correct. So, you're saying that you were traveling this way towards Pritchard, right? From White View, and there was a black truck behind you, and for unknown reasons you swerved to to avoid it, and it But, why would you need to swerve to avoid it if the truck was behind you? Because they were trying to They were trying to pass me. But, they were also trying to go very closely to me, so I was just very concerned. Okay. Where were you coming from? The R section, and she's trying to get to Five Mile Beach. But, her GPS took her here. What Five Mile Beach are you trying to go to? Uh to my house. Hey, how you doing? Did you Did you pull up on it? Did you see it? >> actually on my way out to work, and I looked down on Circle, so I was taking a left, and I noticed I was like, "Well, that's an awkward place for a car to be sitting." Okay. >> And I noticed the lights were still on, and smoke coming out from under the hood. Okay. Um and then I saw the little little boy's head bobble around back there. You didn't actually see her crash, though, did you? No, I did not see her crash. It was just had the accident. Now, when you pulled up, was she still in the driver's seat? >> Yes, she was still driver's seat. And she was still in there kind of just sitting there and I was Okay. You okay? Yeah, I got you. All right, just hang tight for just a minute, okay? Hi guys. How are you doing? Did you come from a Halloween party? You went trick-or-treating? Wow, is this a costume or I like your costume. It looks really cool. You must be tired if you're in the late. You sleepy? Okay. Are you feeling okay? You're not hurting anywhere? You're cold? Okay. Did the heat feel good on you? Did it warm you up a little bit? Is there anything I can get for you right now? You're okay? Okay. Stop. Hi. What's up? How you doing? Good. And she was parked up all the time. Sweetie, honey, so cute. Is he? He's eight and I'm talking to him and he's like Is that him talking? Very. Really? He's freezing so I'm really cold. So He has the heat on for him and He's fine. What did he say? What did he say when he came out? What did he say? I didn't ask him. He's kind of very soft-spoken. Oh, is he? Yeah. Okay. He was just walking through the grass with his feet all wet. Really? Okay. So, you you saw her you saw her driving the car though for sure? Yeah, she was definitely driving. Okay. And you was she she seemed kind of like she was shaking a little bit. Did she say anything? I don't know what she Okay. That's the only reason I called you out cuz otherwise I would have been able to figure it out. Give me your driver's license, ma'am. Yeah. Okay. Would you want to do like a written statement just based off you saw her driving and you smell a little bit? I don't think she would do that. Yeah, exactly. I think she may be on something tonight. Or through the officer you don't think so? Slurred speech, inconsistent story, disorientation. These aren't hunches. They're articulable facts that matter in court. Florida statute 316.193 sets the standard. Impaired normal faculties or .08 blood alcohol. Field sobriety tests measure both. The horizontal gaze nystagmus checks involuntary eye jerking. Walk and turn tests balance and instruction compliance. One leg stand combines both under pressure. One at a time. One at a time. Danielle, after a while. Who already walked the road? Look, the black truck. Where was that Which way did they go? Going that way. Yeah, with the Is it Caitlyn? Call my mom first. All right, Caitlyn, I'm Deputy Logsdon. Um just real quick, I got a few questions to ask you. Um we're kind of we're going to conclude the uh the the accident investigation. All right? I'm going to move on to some other questions real quick. Uh do you have any medical issues right now? Are you diabetic? Um do you have any injuries right now or on any medications? Are you being treated by a doctor for anything? I'm not. Been to the dentist lately? No? Okay. All right, are you experiencing a medical event right now? I'm okay. You're okay? All right. Um would you be willing to do some uh field sobriety exercises? Sure? Okay. Well, let's go step back here where it's safe. Um we're going to go over to toward these cars. You want to sit down on the hood, you can. Bear with me a moment here. I'm going to read you a few things, okay? No, right now you're not in trouble, okay? All right, so we we just concluded the uh the accident portion, okay? The the crash investigation. All right, I'm going to change the hats here, okay? Um just from talking to you, okay, there's a few things that I've observed, okay? I believe you you might be impaired, okay? So, but let me read this to you, okay? All right. These are your rights, okay? You have the right to remain silent. Anything you say may be used as evidence against you. You have the right to talk to an attorney, have him or her present with you now or anytime during questioning. If you cannot afford an attorney, one will be appointed to represent you. Miranda rights. If at any time you wish to stop talking to an attorney, uh it just stop and have a Sorry, let me repeat that. If at any time you wish to stop talking or have an attorney present, all questioning will be stopped at your request, okay? Do you understand these rights? Okay, with these rights in mind, are you willing to talk to me? All right, so what I want to do um are you willing to participate some field sobriety exercises? Okay. All right, so you you agree to speak to us, right? Have you had anything to drink tonight? I had one shot. One shot? When? Um with my friend Don. Huh? With my friend Don. Okay. How long ago? About an hour ago. Hour ago? Just one shot? Yes. Okay. Where was this at? This was at her house. Her house in your section? Yes. What kind of What shot was it? What kind of shot? Fireball. Okay. All right. You good? All right, so you want to do some field sobriety exercises with me? Yes. Okay. All right, again, you Do you wear glasses or contacts? I have contacts, yes. >> You do have Do you have them in right now? Yes. All right. Your contacts, you're going to be able to see and perform some exercises. Okay. Again, you're not diabetic and not under any influence of medication? >> No. All right, any knee, ankle injuries, anything like that that would impair you or prevent you from doing some exercises? Okay. All right. So, first thing >> face the woods so these lights aren't behind her. Yeah, if you could face this way, face towards me. >> Okay. All right, you see my pen? This is going to the stimulus or my pen. You see that? Can you touch the top of that for me? All right. All right, this top of it, okay? I want you to focus on that, all right? Um So, you you got contacts in you don't you're not wearing glasses, all right? If you could put your feet together like this, put your hands down at your side. All right, and I want you to keep your head still and look at the top of my pen. Can you touch it again? So, the top of my pen. All right. All right, I want you to follow the top of my pen with your eyes and your eyes only, okay? Keeping your head still. Do not move your head, okay? Do you understand the instructions? Yes. Okay, just focus on this one. All right? Okay, I'm going Okay, I want you to keep focusing on it, all right? Okay. All right, I I'm going to move on to the walk and turn. Um So, we use the yellow line. All right. All right, ma'am, you want to step over here? All right, what I'm going to do is I'm going to demonstrate it, but I want you to stand right here for me, okay? All right, so we're going to do the walk and turn, all right? I want you to put So, just right now what you could just stand like there and put your hands at your side. All right, and I want you to watch me, okay? All right. So, you're going to put your left foot on the line like this. All right, keep your hands and feet um So, put your left foot on the line. All right, and again your hands are down to your side. You're going to place your right foot Wait till I tell you to start. So, you can go back there? No, watching this. All right, hands and feet down to your side. Okay? All right, then so I want you to stand like that, okay? I'm going to demonstrate it first, and then I'll tell you when you can start, okay? All right. So, what you're going to do when you start is you're going to put your left foot on the line, okay? And then you're going to place your right foot in front of your left foot, okay? And with your to your uh with the heel of your right foot against the toe of your left foot, okay? Just like I'm doing. All right, and keep your arms down to your side. Do not start until I tell you to do the same, okay? So, you're going to put your left to the right, hands down to your side. Okay? And then what you're going to do is you're going to make a series All right, you're going to count out loud one step. >> Hold on. Ma'am, put your foot She's got to put her foot in front of it before while you're doing that. Okay. She's got to have her foot on the line with that foot in front of it. Got you. All right, so as he said, what I want you to do go ahead and put your left foot on the line. All right, and then put your right foot right in front of it, heel to toe. Just like that, all right? Which foot? Whichever one you decide. Okay. So, put your Yep. All right. And you're going to keep your hands down to your side, okay? So, can you go ahead and get in that starting position for me? All right. So, just stay that way until I tell you to start, okay? I'm going to demonstrate it for you first, okay? And once I get done explaining it to you, I'm going to ask if you understand, and then we'll begin. All right? Okay. So, can you stay in that position for me just like this? Left foot on the line, put your right foot in front toe. Hands down to your side, okay? So, once you get there and I tell you to start, you're going to put You're going to do nine heel-to-toe steps, okay? Just like this. Hands down to your side. You're going to count out one, two, three, four, and so on until you get to your ninth step. You're going to make a series of small steps, turn around, and again make nine heel-to-toe steps back. Like that. Do you understand the instructions? Yes, I do. Okay. When I tell you to begin, go ahead and take nine heel-to-toe steps on the line. You may begin. That's good. That's good. Go to the next one. The next one is going to be the one-legged stand. It's going to be the next exercise, okay? So, what I want you to do is again, you're going to stand here, put your feet together, put your hands down by your side, okay? Under Graham versus Connor, we judge officer actions from their perspective in that moment, not with 20/20 hindsight. Multiple failed tests, physical instability, and cognitive confusion build the constitutional foundation for arrest. Florida's implied consent law is automatic. Get licensed, you've agreed to chemical testing if arrested for DUI. Refuse? License suspended immediately. Here's what changes everything. A child in the car. Florida statute 316.193 subsection 4 turns a misdemeanor into potential felony territory. All right, I'm going to explain the instructions and then I'll tell you when to begin, okay? All right, with your feet together, your arms down at your side, I want you to maintain this position until told otherwise, okay? When I tell you to, I want you to raise one leg and you can pick either leg. Um one leg, raise one foot approximately 6 in off the ground. It's like the size of a a soda can, okay? All right, and then with one foot, keep it raised parallel to the ground. Both arms at your side, okay? Look at your elevated foot. Like that? All right, and I want you to count out loud. 1,001, 1,002, 1,003, and so on until I tell you to stop. Do you understand these instructions? Okay, you may begin. I'm terrible at this. If you at any time just get back in position and start over, okay? Again, your feet are at your side. What what is We're going to start over, okay? Your feet are at your side, okay? Your hands are down. You're going to lift one foot. You can pick either foot. Approximately 6 in off the ground, okay? You're going to look at the foot and you're going count out loud. 1,001, 1,002, 1,003, 1,004, and so on until I tell you to stop. Okay? Do you understand the instructions? You may begin. Are you able to to the exercise. All All right, that's fine. Just go to the finger to nose now. Um You know, I don't All right, I don't do that one. You got You got to go All right, real quick. Put your hands out by your side like this, keep your feet together. Point your index fingers outward. Tilt your head back. All right. Now, look at me. When I tell you to and I tell you which finger only, okay? You're going to take that finger and put it on your nose. Touch your nose and put it back down. All right, you're going to close your eyes also. Don't close them yet. Okay? When I tell you to, you're going to watch me. I'm not going to shut my eyes though for safety reasons, okay? All right, so watch what I do. You're going to tilt your head back. I'm going to go right. Take your finger, touch your nose. Not yet. Not until I tell you to start. Okay? Right. Touch your nose, go back down. Don't start yet. Not until I tell you to start. I'm showing you. Watch me though. Okay? Right. Touch, down. Left. Touch, down, okay? When I say right or left, you're going to take that finger and touch your nose and put it back down. Okay? Do you understand the instructions that I've told you? Yes. All right, now tilt your head back and close your eyes. Don't start until I tell you what finger. Left. Keep your eyes closed. Right. She messed it up on that one. Right. Left. Left. Right. All right, keep your head tilted back and close for a fork, okay? All right, ma'am, at this point you're being placed under arrest for DUI. Do you live with your mother? Okay, can she come and get your son? Does she drive? She does? Is she able to come get your son? She is? Okay. Um my friend Don wants to go him to come pick me up, so um Okay, we're going to step over here real quick, okay? Why are you crying, Caitlyn? You're upset? All right. All right. All right, just wait, Cait. You think you should have been driving with your son in the car like that? All right, I want you to face me. There you go. There you go. Just kind of get best thing to do is face me and then kind of get get seated and then Oop. You able to do it? Yeah. Kick your feet up. All right, again. I was fine until I got ran off >> All right, thank you. Just hang tight, I'll be right with you. Hello. Hi. How are you? Hey, I got you. Um who are you to Caitlyn? Caitlyn called me. She had been at my house and she was with and she said that she got ran off the road and needed help. She couldn't get her car >> Yeah, uh unfortunately she's going to jail um for DUI. Uh unfortunately we can only give her to a relative, so we're going to contact with mother. If you have mother, try to call her, tell her where we're at. We're trying Okay, we're trying to call her right now. Um unfortunately, like I said, I mean, our hands are tied cuz she couldn't do any of the exercises and she I have her mom on Facebook. Yeah. Well, I mean, we're trying to get a hold of her right now, but um I don't know if they've gotten it. I just wanted to come let you know that unfortunately, like I said, she won't she won't be going with you. She'll be going with the Officer earns a B. Solid procedure, proper test administration, clear probable cause. Deduction for lengthy roadside time. Efficiency matters. The driver gets an F. Impaired operation with a child aboard isn't a mistake. It's a catastrophic failure of judgment and a serious crime. Three critical takeaways. Implied consent isn't optional. Refusing the breathalyzer costs your license regardless of criminal charges. Having a kid in the car during DUI transforms misdemeanor into felony exposure. The stakes just got exponentially higher. Crash scenes can become DUI investigations when impairment indicators surface. Officers document observations. That's how reasonable suspicion works constitutionally. Let us know what interaction or legal topic you'd like us to cover in the comments below. Thanks for watching and check out Audit the Court for more police interaction and courtroom analysis.