You blew a 0.07. So Yeah, I don't know. Call for an Uber. Cuz you're on the cusp. So what you blew was, you know, you're right under. I just don't know if you're >> Obviously praying that everything pan out when it comes to the breathalyzer. You know, we all good and all that good stuff. But, you know >> On New Year's Day 2025, just after 6:00 a.m., officers responded to a White Castle in Illinois after a driver managed to get his SUV stuck halfway over a curb in the parking lot. Police found him asleep in the running vehicle that was still in drive. But, despite the driver later blowing below the legal limit, officers still debated whether to arrest him. And after a conveniently muted body cam conversation, they ultimately made their decision. >> Okay. Wake him up. What's that? White Castle? Okay. Do you know where in the parking lot you are in White Castle? >> Yes. >> Where are you? >> Right here. >> I want you to see something. Step on out. Take like 10 steps back. You see how you parked? >> Yes. Yes, sir. >> So, were you getting food? >> Yes, sir. >> Did you end up getting it? >> No. >> Or did you fall asleep in >> I fell asleep. >> See, we're open since 6:30. >> Yes, sir. >> What time did you get here? >> Fourish. >> Fourish? >> Yes, a little after fourish. >> Okay. >> Did you have anything to drink tonight? >> Uh earlier, yes, sir. >> Like uh what time? >> Noonish. Uh around uh midnight. >> Around midnight? >> Yes, sir. >> What you have? >> Jameson. >> Jameson? Cool. Like straight or with Coke or Sprite or >> Juice. Juice. >> Like how many of them? >> Just the two. >> Just two? >> Yeah. >> The police report does not mention officers smelling alcohol at this point. Though the man did admit to having consumed two drinks roughly 6 hours before the interaction. Based on the circumstances, including the way the vehicle was positioned and the fact that he had been sleeping behind the wheel, officers asked him to perform field sobriety tests, which he agrees to. >> Um so clearly this >> This >> a lot of alarm bells here. Granted could've been sleepy, but what I my partner here would like to do is take you to some field sobriety tests. >> Yes, sir. >> Okay? And then we can figure out this car situation. Thankfully you didn't end up hitting a pole or anything. You you stopped right here cuz that would've been a a problem. >> I just thought that. >> So, here's what we'll do. >> Yes, sir. >> Have him over here. I'm going to put my rears on just so we don't get smoked and then we're going to run through our tests and these. Actually, I'm going to come around. That's parked now. So I I don't have to be here. Got your car stuff on you? >> In my bag in the back. >> Okay. Do you have anything on you? >> Yes, sir. >> Outside of me, how's your day going too? >> I asked the same officer the same thing. >> I I just started, man. I just started. >> like, damn." >> Yeah. >> All right, well, at least it's me, I guess. >> So them them Jamesons, were they like a shot or they like >> No, it was like half cups. >> Half cups? >> So I don't know how much they poured in there, honestly. Cuz we was at I was downtown. >> Oh, okay. >> Willis Tower, they had like a couple different events, so I was at one of the events on roof. at Willis. >> Okay. >> I still call it Sears, but >> It's always going to be the Sears Tower. >> But like I said, that combination is sleep, it's just sleep. I would have to ask her why I was still sleeping. >> Yeah. >> Like I said, I get it. I understand the whole I'm not a whole >> Yeah, we'll just get through it. Like if you're if you're good, then you're good. >> The officer tells him that if he's good, then he's good, which probably sounds pretty reassuring in the moment. Unfortunately for the driver, that's not exactly how things end up playing out. >> Obviously we're just going to we're at >> Which again >> Ultimately we're going to figure this out regardless. >> Which which is like I said to me it's like, hey. >> Once you get through all that, we'll uh >> I'll put you to the test with this outcome. >> Okay. >> All right. So You could use this line. >> We're going to use this parking line right here. >> When I say begin, take nine heel-to-toe steps on the line, turn around, and take nine heel-to-toe steps back on the line. Okay, you may begin. All right. The next thing we're going to do, a balance one leg stand. Okay. So you stand with your feet together, your arms down at your sides. All right, you may begin. Officer, you can stop. >> During the field sobriety testing, the eye test footage is partially obstructed by another officer and not fully visible, but for that test, the officer documents four of six clues, including lack of smooth pursuit along with glassy and watery eyes. On the walk and turn test, three of nine clues were observed, including balance issues and difficulty maintaining heel-to-toe steps. On the one leg stand, the officer notes three of four possible clues, including swaying, using his arms for balance, and placing his foot down during the test. These details, along with the footage of the test, are included to allow you to review the evidence and form your own interpretation of the stop. >> Um typically uh we'll ask for a a fourth one. It's a portable breath test. It's a little like yellow thing that you breathe into. Is that something that you you willing to >> You got me asking you. >> Okay. Give me 1 second. Then blow. Blow. That's the click we're looking for. All right. Just give me 1 second. Hello. Ooh, a point of seven. So says he's been drinking since midnight. >> Yeah. He has not drank since midnight. >> That's what he's saying. >> Okay. >> So you definitely shouldn't Oh, jeez. >> Well, I mean, you can always call for the tow. >> Give him a little bit. >> Yeah. And then get another blow. >> Yeah. >> I'm going to be here for an hour, though. >> No, but I mean, it's Hold on. Can get another another blow to see if he's at point >> Yeah, I don't know. >> Did you guys wake him up? >> Yeah, we woke him up. >> Okay. >> He didn't realize it till we had him step out. >> He was in park? >> No, he was in drive. >> Oh, okay. >> Yeah, this I don't know. I don't know. Yeah. Okay, call for an Uber. It's not fair. Just thought I would let you know. Just thought I would let you know. Over the limit, over the limit, but he's still an impaired driver. So, we don't know what his individual body can handle with the combination possibly of things that we don't know. We're just looking at it out here. How was his field? What I didn't see all of them. Balance is a little off. How were the eyes? There's a stagmus. >> Okay. >> You think it's a combo? You think it's any more? >> I don't know. Let me ask him. >> After speaking with his sergeant about how to proceed given the driver's breathalyzer result being below the legal limit, they begin questioning whether he may be under the influence of any other substances. >> Was that Was that all you had to drink today? Was that the only thing you had today? Did you or >> Yeah, I don't do nothing else. >> No? Not even a little bit of weed or >> I didn't do no weed, nothing. >> Okay. And so, the last time you had a drink was What time? >> Around noon when we came brought in the new year. Um only came outside like I was telling your partner because my lady is pregnant, so came to get her food, but obviously like I said I was tired. I drank whatever amount cuz again, we have our chemist, so I don't know how much she poured in the cup, but it wasn't a cup, it was in a shot. So, um but yeah, that was it for me. I came home. I relaxed. Then I came outside. Obviously, clearly I was up since 7:30. I'm asleep. Like he said, thank god I was right there and not in the street. Um but no, nothing else. Nothing crazy. Jameson and lemonade, that's it. >> Okay. Cuz you're on the cusp, so that's my concern that some point you definitely probably should not have been driving, but I'm going to say that we're past that point now cuz it's been at least a few hours since you got here and then we got here at the very least. >> Yeah. Like if partner said didn't get my food yet, but I rather like I said I rather not cause nobody no trouble. I do appreciate, you know, but the hospitality no no issues with each other. But like I said that was only thing I did not try to do that to get out of it. Like I said I don't know how much they poured in the cup, but Jameson and lemonade two of them. I would only reason I only did two is cuz I know I had to drive home. >> Bro, here's what I'll do. I really want to move your car, but I want to get you inside of a squad car real quick just cuz it's not exactly summertime. Okay? >> Whatever makes it >> Do you have your Is it key key fob? Do you have your cell phone in there? >> No, I have my cell phone right here in my pocket. >> Okay, cool. Sit him in here and then we'll we'll move his car. Just want to check something. >> After the muted conversation with his sergeant, the officer appears to have reached a decision. He then unmutes his body camera and heads over to his vehicle to break the news to the driver. >> Hey, so I just Cuz I can smell the alcohol coming from you. You obviously were on the sidewalk. The tests you did were they were indicative that you obviously have drank. What you blew was, you know, you're right under. I just don't know if you're going to rise. At some point though you you should not have been on the road, which is my main concern. So um >> Any way you can just drop me off at the precinct >> See this that's That's I I don't know if I can in good in good conscience cuz like the car like what what's stopping you from coming back and getting the car, you know? >> Uh for me >> Oh well >> So I wouldn't come back and get the car tonight. If if y'all honestly feel like I shouldn't get the car I wouldn't get the car tonight. I will come get the car tomorrow. >> So Here's Here's what we will have to do. Um obviously this is quite the sight to to that scene. But we will have to place you under arrest, okay? So um up to you if you want to leave them like this, cuff them here or cuff them in the back. But you let me know. >> I'll put He's cool. I'll put him in the cuffs in the front. >> Okay. You okay with cuffs in the front? >> Yes. Like I said, I appreciate everything, you know, understand. >> After taking the driver into custody, officers searched his vehicle but did not locate any open containers or any other substances. He was then transported to the station where a second breath test again came back at .073. An interview followed shortly after with the driver agreeing to speak with investigators. Given that his breath test were below the legal limit, this interview appears to have also served an additional purpose allowing officers to lock in statements regarding impairment and driving helping strengthen the case despite the borderline test results. >> All right. So, you have the right to remain silent. Do you understand? >> Yes, sir. >> All right. So, just a few questions for you just about this morning and everything that's going on, okay? Um do you Do you time it is now? >> It's 7:13. >> Without Without looking at your >> Yeah, I looked at the lights and finished. I appreciate that. >> I am looking. >> Uh a.m. >> Uh do you know what today's date is? >> January 1st. Happy New Year. >> Happy New Year. >> Thank you. What about what day of the week it is? >> Uh Wednesday. >> Uh do you remember the last time you ate? >> 9:00 p.m. >> 9:00 p.m. And do you remember what you had? >> Potstickers and shish kebabs. >> Potstickers are good. >> They're delicious, actually. They're yummy. >> Where from? >> Um so, I was like I said, I was at Willis, so I don't know like if they made it the chefs there or if it was catered in, but it was just at the at the tower that I was in, Willis Tower. >> Oh, cool. >> First and last time they ever catered in. >> There's always next year. >> We'll be out. >> Just Just leave a little earlier. Take a nap. >> We'll be out. >> Yeah, I like this outfit. So, uh the last 3 hours before we met up with you, is it Do you remember what you were doing? >> Relaxing in the house. Um I just got back from uh the event, went and got went and had to pick up the order cuz they didn't have delivery for the White Castle, so and now I'm making new friends. >> Uh were you ever in the vehicle at the time of the this stop? Have you been drinking? >> Uh yes, before. Yes, sir. >> What have you been drinking? >> Uh Jameson and lemonade. >> Do you remember the time you started drinking? >> I went till like 11:00-ish. So, I started at 11:00 p.m. >> Okay. >> And then after the ball drop. >> How many did you have? >> Two. >> Are you under the influence of alcohol or beverages currently? >> Yeah. Yes. >> I don't I don't know what you feel, so >> Yeah, uh feeling-wise, I don't feel it, but I mean, I feel way clearer now than I did, obviously, when you found me, so. >> Okay. Any questions or anything you want to kind of just air out right now while we have you here? >> Vehicle-wise, but I have the Is it towed or >> Yeah. So, that is towed. It's 750 to get it out. >> That much for the 50? >> Uh >> Is it 750 plus? Yeah. >> It's probably going to be a grand, I'm just off the rip, if I'm being honest. >> To get it out? >> it out. So. >> That's going to be tough. >> But, perspective, if curb wasn't there. >> Yeah, I mean, I'm Hey, I just uh >> 147 is a big street, man. >> Oh, man. It's all good. >> You wouldn't be talking to us if you had a chance. You wouldn't be talking to us if you were in this room right now. >> Yeah. >> So, I just want you to keep perspective. >> No, definitely. Perspective is >> Thank you. >> You know, I just appreciate the realness, cuz, you know, damn. >> Yeah. Remember what you said in the parking lot to me, right? Everything happens for a reason. >> Yeah, yeah. >> Right? >> I'm big on, you know, the thousand We can figure that [ __ ] stuff out. >> So. >> Life, I can figure out, so. >> Exactly. >> I appreciate y'all. That was my biggest That was my only question sitting here, obviously, praying that everything pan out when it comes to the breathalyzer, and, you know, we all good and all that good stuff. But, you know. >> The driver was ultimately charged with driving under the influence of alcohol. According to the report, the warning to motorist form was not submitted to the Illinois Secretary of State because the breath analysis results were under the legal limit. After processing, the driver was released from the station to await his court appearance. What are your thoughts on this case? Please leave a like, subscribe, and comment your thoughts below. Thanks for watching.