I do not. You're exhibiting signs of impairment by alcohol. >> I'm not drunk. I'm fine, sir. >> Okay. So, how am I supposed to check that? >> I'm not drunk. >> How am I supposed to check that? >> I'm telling you I'm not. You don't know me personally, so I'm telling you I'm not drunk because you don't know me personally. I'm not drunk. >> does that make sense? I will charge you with obstruction. Put them behind you. Put them behind you. I assume not, but we'll see. What's up? >> What was your reason in pulling me over? >> Oh, you ran through a stop sign. >> I ran >> Yeah. >> I ran through a stop sign? I ain't see no stop sign. >> Coming out the neighborhood. >> Oh, okay. >> How much you had to drink tonight? >> Um I did I know I didn't run through a stop sign. >> That wasn't my question, though. >> Okay. >> How much you had to drink tonight? >> Not a lot, but >> Well, it's not a lot to you cuz I mean that could be one drink, 10,000 drinks. I don't know how much you drink normally. How much do you normally drink? >> I don't know. I feel like if you pull me over for running a red >> Uh You can step back here. >> Okay. >> No. Step back for me. >> He said we ran a stop sign. >> He said I ran a stop sign. Okay. Why don't you come on back here for me? All right, you just lean against your car right there. I'm just going to shut my front lights off, okay? Nope. Nope. No, if she gets out the car, she's going to jail. >> On December 17th, 2023, a Georgia DUI enforcement officer initiated a traffic stop that quickly escalated into a potential felony case. Under Terry versus Ohio, the officer needed reasonable suspicion for the stop. The claimed stop sign violation provided that legal foundation. The driver admitted drinking and was leaving a house party. Combined with physical indicators of impairment, this built reasonable suspicion for DUI. >> Thank you, sir. Um, passenger just was trying to get out cuz this driver was asking her to get out. I told her she'd go to jail. She did cuz we're not doing all that get out on the middle of the road kind of stuff. Um, No, this is the driver right here. Um, she's been drinking. It's just going to be deciphering how much. She already used it. She didn't run a stop sign, so it is what it is. If you want to just stick out with me while I do fields? >> Yeah, I'll walk you through it. >> Yep. Hey there. Okay, so, um, just being honest with you, I'm a DUI enforcement officer, okay? So, the reason that I stopped you is obviously cuz you're leaving a big house party and ran through a stop sign, which leads me to believe that you've been drinking alcohol and it's making you a less safe driver. So, that's the reasons for the stop. Yep. That's the reasons for the stop. And you have glassy eyes and slightly slurred speech, so I I would like to >> me, sir. >> Mhm. Yep. So, I would like to check your eyes to make sure that you're not drunk. >> Okay. >> Is that okay with you? >> No, that's not fine. >> Okay, so, I'm just letting you know, you know, I've got to complete my investigation off of the very little information that you've given me. >> Okay. >> When the passenger tried exiting, the officer threatened arrest citing Pennsylvania versus Mimms. But here's the problem. That's a misapplication of the law. Mimms lets officers order people out of cars during stops. It doesn't make voluntary passenger exit illegal. An open container was discovered in the vehicle violating Georgia code 40-6-253 and adding another layer to probable cause. Field sobriety tests are voluntary in but refusal factors into probable cause. The totality of circumstances gave the officer probable cause to arrest. The violation, drinking admission, impairment indicators, open container, and refusals. >> Give me one second. >> Okay, you got to stay right here, ma'am. Ma'am, you got to stay right here. Ma'am, you got to stay back there. >> Okay. >> Stay back there. >> Call Willow 706. >> Ma'am, I'm trying not to escalate this. I just need you stand at the back of the car, okay? Just listen to me. >> 702-556-9 66 cuz I haven't did nothing wrong. Call Willow. >> There's literally a shooter cup in the center console. That's wild. >> A what? >> Open container, shooter cup. It's sitting on your on your console. >> Where is the open container, sir? >> Come on. Come on. Let's go look at it. Look at that red solo cup. >> container >> That red solo cup right there. >> What? A red bowl? >> Nope, the red solo cup. >> That is not a open container. >> Really? >> That is not a open container. >> So what is it? What is it? >> Not a open container. >> That's amazing. All right, just come on back here for me. Uh-huh, and what's normally kept in that? Come on back here. >> Okay. >> Come on back here. All right. Listen, listen, listen. You're escalating it too fast. >> No, no, no. >> It doesn't need to escalate. >> You said that you was pulling me over for running a stop sign. Then you said that you was some type of police officer, police officer cuz you know that I came from a big house party. >> And you ran a stop sign. >> Yeah, and I ran a stop sign, but then you tried to bring the house party in. How do you know exactly I came from the house party? >> Cuz your breath smells like the odor of an alcoholic beverage. >> No, no, it does not, sir. >> It does. It does. >> No, it's not, sir. >> You have slurred speech. >> I don't have no slurred speech, sir. >> You do. Can you spit your gum out for me? >> No, I want to keep my gum in. I don't have to spit my gum out cuz you're telling me to. >> Okay, sure. Sure. Stay back here for me. >> Lillian, keep calling 911, please, cuz they're tripping. Huh? >> Ma'am, I'm not going to tell you again to stay back here. Listen. You are You are bringing this to a level it does not need to go to. >> Okay, so what am Can I get Can I get my license, please, sir? >> No, ma'am. >> Why can't I? >> Because you're being detained right now. >> Detained for what, sir? >> It's a traffic stop. So, until I complete my investigation, you're not free to go. >> Investigation for what, sir? >> For impaired driving. >> And what? >> Impaired driving. >> What are you Impaired driving for what? >> The odor of an alcoholic beverage. >> You don't see alcohol, sir. >> Glassy >> I'm looking at your eyes. >> Lillian, keep calling your phone, please. >> Ma'am, nobody else is going to fix this situation besides you. It is ultimately your decisions that will decide where this is going to go, okay? So, I would like >> what I don't like? You just tried to make me spit my gum out. You cannot make me spit my gum out. I chew gum on the regular, sir. >> Okay. >> So, what am I here for? >> So, because I would like to make sure that you're not drunk. >> I'm not drunk. >> Okay, but if I took everybody's word for that, how many drunk drivers do you think I would accidentally let go? A lot. >> Take your cool word for what? >> If everybody told me I'm not drunk, officer. Everybody I pull over. >> I'm not drunk. >> Right, but how am I supposed to believe that? >> Sir, I stopped at the stop sign. I'm telling you I'm not drunk. >> I I would like to make sure of that. Is that okay with you? >> Sure, I'm not drunk. I'll going to stand right here all night. >> Can I check your eyes? >> No, you cannot. >> Why not? >> Because I'm telling you you have no reason to. I'm not drunk. >> I I do have reason to. >> No, you do not. >> You're exhibiting signs of impairment by alcohol. >> I'm not drunk. I'm fine. So. >> Okay. So, how am I supposed to check that? >> I'm not drunk. >> How am I supposed to check that? >> I'm telling you I'm not You don't know me personally. So, I'm telling you I'm not drunk because you don't know me personally. >> What is that How does that make sense? How does that make any sense? >> I can stand right here all night. So, I'm telling you I'm not drunk. >> Oh, I will. I will. >> Can I Can I have my license, please? Cuz that's something that belongs to me. >> No, it belongs to the state of Georgia. >> Okay. Well, can I have my Okay, that's fine. You can keep it. >> No, you cannot. >> I will just get another copy. >> They will not give you one. I have it in my possession for the duration of the traffic stop. >> But you have no reason to keep my license. >> I do. >> Okay, then. >> Until I can determine that you are not impaired. So, I would I would like I would like to make sure that you're not impaired. >> Okay. >> Can Can we do that? >> I'm telling you I'm not drunk. >> Would you blow in a breathalyzer? >> No, I'm going to deny it. Because I can deny it if I want to. >> Can I check your eyes? >> I'm telling you I'm not drunk. No, you cannot check my >> I I don't believe you. >> Okay. Well, I'm telling you and I'm denying that No, you cannot check my eyes and no, you cannot breathalyze me. >> Okay, so I cannot do anything to dispel my suspicion that you're under the influence. >> No, you cannot. >> Are you positive? >> I'm positive. >> No, you cannot. >> Okay. Place your hands behind your back. You're under arrest. >> Lilly! Come on, Lilly, cuz they're locking me up. Lilly! Lilly! Get out and record, Lilly! They're locking me up for no reason, Lilly! Lilly! Get out and record! They're locking me up because I told them they were wrong, Lilly! Lilly! They're locking me up! They're locking me up! Why are y'all treating me like this? WHAT THE [ __ ] >> YOU'RE UNDER arrest for driving under the influence. >> And I just I just denied, bro. >> Like y'all are locking me up. >> I'm signing you now. >> I'm telling you they're locking me up for no reason. >> When she physically resisted, we applied Graham versus Connor, which judges force from a reasonable officer's perspective at that moment. The officer used proportional empty hand control. No strikes, no weapons, despite significant resistance. >> Call Willow, bro. Call Willow. >> 10-95, she's signaling for a car. >> They're locking me up for no reason, Lily. They're locking me up because I was denying. Like this crazy. What are y'all locking me up for? >> Driving under the influence. >> No, what I Y'all didn't even check the seat. Lily. >> Yeah, you did give me one. I just asked you. >> Call Lily. They're locking me up for no reason, Lily. And they're handling me rough. I'm going to sue the [ __ ] out of y'all because I haven't did nothing wrong, bro. Call Call Willow, Lily. >> Take a seat. >> Call Willow, Lily. >> Take a seat. >> Lily, call Willow. Like what the [ __ ] y'all locking me up >> Hi there. Hi, I'm Officer Cenas. Can I explain everything to you? >> I Yes, y'all could have did the little the little walk y'all be doing. >> I I asked her. I asked her. She told me no. I gave her every opportunity, and she said no to every single one of them. I promise you I tried. >> Um yeah, come back and get me. I'll make this stop like where y'all seen me at. They They locking my cousin up, honey. I need to move this car and every goddamn thing else. >> So. >> Yes, cuz she didn't want to do the little test they said. She ain't even got them DUI. >> She's drunk. She's drunk. >> She's drunk because she didn't want to do the test. >> No, look at her. She's drunk. You feel safe being in the car with that? >> Do Do you see me? >> You're not safe to drive. >> I'm not going to die. That's my >> not either. >> Yes, she is. >> Call an Uber. >> It's 3:30. It's What do y'all come back and get me? Thank you. >> You seeing anyone next in line? >> Yeah. Yeah. Yeah. Yeah. Thank you. Yeah. >> Just escalated it for no reason, man. No, uh driver. >> Y'all should have been giving everybody that come out come out they got a little driveway. >> okay. So, in an effort to be transparent, can I answer any questions for you? I I will I will answer >> called told me to >> I'm just saying I can answer any questions for you as to why she's under arrest or anything like that. >> Y'all said she's cuz she didn't make a complete stop. >> Yeah, that's it. And it could it literally could have just been a warning and she could have gone home. But she wanted to act the most. >> She rolled through that stop sign. I'm I'm the one who saw her do >> Hold on, that's the feds. Hold on. >> Not quite feds. >> Ain't my brother in the feds. I will find the car that number back. >> Goodness gracious. I gave her every opportunity to show me that she wasn't drunk and she just started yelling at me and stuff. But she >> it. I said she didn't completely stop. >> Right, but she's she's drunk. She's right. She's drunk. Uh no. That's okay. >> What is she saying? >> Uh we got rough with her cuz she tried pulling away. That's what she's saying. Uh >> Do y'all need anything? I might go back down and make sure nobody is >> No, no, no, no. >> Yes, ma'am, I can. >> Okay. >> Hey, where do you live? Are you sure? Are you sure? I We'll you home. Well, we are. >> No, hell y'all ain't. >> We are. >> If if I got somebody sober enough to drive this this car, this car is getting moved. >> Where they coming from? >> They they on their way. >> Listen listen listen listen. I ain't going to need to get hostile. >> Oh, I'm not getting hostile. I'm just saying. >> Is this your car? >> No, this is not my car. This is her car, but I'm saying if I got somebody sober enough to drive this car, this car is getting moved. >> I don't want sober enough. I want I want sober. >> This is going to be sober. That's what I'm telling >> Like yeah, like 100% sober. >> That's what I'm telling you. But this we ain't got time to be paying no fee or none of that. This car is getting moved. >> I'll give you that to you. I'll give you that to you. >> Yeah, I I know a little something something now. >> Well, it's it's not really a right >> It is a >> It's not. I promise you. I can tow it if I want to, but I won't. I won't. I won't. But >> I thought it was I thought it was a >> It's not. It's not. I mean it's it's a it's a option. It's option, but it's not a right. We'll do that. We'll do that. >> Okay, well, thank >> I I have no no problem with you. Look, my my biggest priority is that you get home safe and that she gets home safe. Unfortunately, I'm just being honest with you. I don't care if you think she's drunk or not, she should not be behind the wheel of a car right now. And I think you know that. >> No, no, no, no. I'm telling you I was the one that drank. >> Well, I know you've been drinking. She's been drinking, too. >> Not like I was. >> No, but still, but she's been drinking. And that's my concern is she shouldn't be behind the wheel of a car right now. >> No, no, no, no. I think No, no, no. I think she If if >> Yeah, that's fine. Cancel it. Are they coming? >> Yes, they coming cuz they coming to get me. >> That's fine. That's fine. So, I'm I'm going to read this to you, okay? So, Miss Garrett, how old are you? Okay. >> Trying the door handle. >> Um yeah, I think that's what she was doing. So, she was trying to escape. Not not quite how that works. So, the state of Georgia has conditioned your privilege to drive upon the highways of this state. Upon your submission to state-administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of 1 year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to test testing and the results indicate an alcohol concentration of 0.08 g or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of 1 year. After first submitting to the requested state test, you're entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state-administered chemical test of your blood? Will you submit to the state-administered chemical test of your blood? All right. I'm going to go get a warrant. Yep. >> Georgia's implied consent law conditions your license on submitting to chemical tests when lawfully arrested for DUI. You can refuse, but you'll lose your license for a year minimum, and prosecutors can use that refusal against you at trial. After Birchfield versus North Dakota, blood draws require a warrant. The officer got one. That changes everything. A warrant isn't a request, it's a court order. Refusing to comply can add obstruction charges. >> No, that's not where we're going. That's That's That's not That's not where we're going, cuz I'm going to get a warrant for your blood. Yep. I can. Hi there. Hello. Just need a a blood alcohol. >> That's it? >> Yep. >> This [ __ ] is not going to be seized in the eating now. >> No. I just figured it'd be a lot more. Put those behind you. Put those behind you. I'm not going to tell you again. We're not playing games. I will charge you with obstruction. Put them behind you. Put them behind you. >> You told him you know how it is what? >> Uh he asked me how my night was going and I said, "You know how it is." >> And how was it exactly? >> Shitty. >> Oh. >> It's going shitty. No, because you're acting like a child and it's frustrating me. I wish you'd act like it. And you're out drunk driving. We keep it on your jacket. Okay. But it's also So look. So look. Will you let me finish my sentence? Okay. So I can fit four fingers in that. So it's actually too loose. It is It is It is as loose as it can possibly get while still staying on your wrist. They are not comfortable. I do have to hold on to you. I literally have a hand on you. Just calm down. I do. You're not going TO HIT ME. YOU'RE NOT GOING TO HIT ME. SIT DOWN. SIT DOWN. YOU'RE NOT GOING TO SHRUG OFF AND HIT ME. CUZ YOU JUST HIT ME. It's on camera. Okay. I assume not. But, we'll see. Easy enough. All right, so you do understand it's a search warrant, right? So, you're going against the judge's orders. You understand that? Okay. Go. >> The alleged contact with the officer potentially adds felony battery charges under Georgia law. The officer gets a B. Solid legal work, proper procedures, but the Mims mistake and professionalism issues cost him. The subject gets a D minus. She exercised some rights correctly, but made catastrophic decisions that turned a traffic stop into felony territory. Here's what you need to know. Understand the difference between rights you can exercise and obligations you must follow. You can refuse field tests. Chemical test refusals have consequences. Court orders aren't optional. Physical resistance to lawful arrest never helps. It only adds charges and justifies force. For officers, accurate legal citations matter. And professionalism under pressure separates good cops from great ones. Let us know what interaction or legal topic you'd like us to cover in the comments. Thanks for watching. Check out our second channel Audit the Court for more police interactions and courtroom content. >> That's fine. She refused. Expected. I had to give her the opportunity though. Thank you guys.