We're talking to you this whole time. Would you be able to do some field sobriety exercises? It's kind of one of those like fancy looking ones. That way we can know and listen, once you we get through those, we can be like, "Okay, you know, you're free to go." We can >> Listen, I'm 100% sober. Whatever you need me to do, I will do. I just Yeah. >> On January 19th, 2025, Orlando Police Department officers responded to a vehicle fire call in Orlando, Florida. >> No, I'm worried. And I know you say don't worry ABOUT IT, BUT I'M WORRIED. >> When it comes to car fires, that's as That's as cheap as they get right there, all right? So, all right. >> that, but I'm going to have to pay for it. Later on, like >> I know a bunch of people ask me, but like, "What happened with your car?" >> I literally was just driving. The last light was fine. As I got to this light, somebody stopped me and was like, "Hey, your wheel's on fire." So, I stopped and everything else after that. I literally just had it at the mechanic shop because I just got the car like about a month ago. And they were fixing everything. They said everything was fine with the vehicle. I was driving it perfectly fine. >> Plus, like how You know how long you were driving Did you even notice >> literally No, like everything was fine. I just started driving about a week and a half ago. They checked everything at the mechanic shop. They said everything was fine. >> How about say how long were you driving >> I went to work. I took maybe a 4-hour break in between. Like not a 4-hour break, but you know, like I wasn't driving it for about 4 hours, then I drove it. Everything was fine. >> Where where did you come from >> Right now, I was coming from Dr. Phillips area. Dr. Phillips area. >> Okay. >> Yeah. >> Got you. >> But I work around that area, so I went to work this morning. I drove it perfectly fine to work. It gave me no issues. Then I drove it after work. I went to the mall, Millennium Mall. It was perfectly fine. And now I was driving back home. I don't know. >> Cuz that Cuz that happened before with the brakes? >> This is the first time. I don't know. I didn't imagine I have to get it towed back. That's going to be a whole 'nother >> Yeah, that You'll be able to drive that car like that right now? >> Were you able to notice the vehicle or >> It literally just started. No, it just started. I literally took it to the um mechanic shop maybe a week ago. They changed the oil. They changed the hood because the hood had some rusting to it. Um the transmission was new. >> But did you smell the fire or anything like that? >> I did smell it when I was like a light about a block ago. And then um I saw somebody point it out and I was like, "Okay, let me stop." But I didn't realize it was that bad until they were like, "Hey, get out of the vehicle. You know, it's going to basically be on fire." I'm sorry. I'm like very annoyed right now. This is >> the tire as well or was it just uh braking, you know? >> I don't know. I don't know. They told me everything was fine and >> Where Where was it Do you remember where the fire was? >> Um >> Cuz I just I just got a new tire too with that. >> No, I don't know. They I literally They haven't given me a chance to actually check what's going on. They were just like, "Get out of the vehicle. Come back." So, I'm trying to see, but it looks like it's with the right um tire. Like the right front tire. >> Cuz it It was most likely like the brakes that got on fire. >> Could be. >> Did it smell like it was on fire on your car? >> No, it was Literally Literally 15 minutes before all of this, it was driving perfectly fine. >> Mhm. >> Perfectly fine. 100%. And then as I was stopping at every light, I started smelling something. And then when I got to this light, um a driver next to me kind of stopped and they got out and they were like, "Hey, your like your wheel's on fire." Basically. So, I was like, "Okay, let me stop." >> So, we we do have some extra questions to ask you, right? But just like every time we do ask people questions, we unfortunately have to read Miranda to people. >> A lot of people kind of get Hold on, one second, bro. Just give us a minute. Every time we get confused with a Every time Every time we get a Anything that we need to ask people, and then people think that oh, because I'm getting my rights read, oh, I'm going to Nothing's happening. We just have to ask you questions. >> Okay. >> But without Miranda, it's kind of like we can't, okay? >> Okay. >> going to read that real quick. Just make sure you tell her you understand every sentence every sentence is >> Just a yes or no, okay? Um you have the right to remain silent, do you understand? >> Yes. >> Anything you say may be used against you in court, do you understand? >> Yes. >> Has anyone threatened you or promised you anything to get you to talk to me? Then, can we talk about everything that happened today? >> Yeah, of course. >> So, where were you coming uh from? >> literally coming from um like a hookah lounge with my friend. Like we were just having, you know, we were literally smoking hookah. I wasn't drinking or anything. On my way over here is when literally I would say 5 minutes before I made the light, I started smelling something. >> Mhm. >> And then I kept driving and I started seeing something like the smoke kind of coming out. Then a vehicle next to me stopped me and they were like, "Hey, basically your wheel is on fire." >> Mhm. >> It shouldn't have been on fire. I literally was at the mechanic's 3 days ago, maybe, and they said they fixed everything. They said everything was fine with the vehicle to drive it. So, I was driving it, and yeah. >> How How What time did you say you left the hookah lounge? >> Um Sorry, I'm just trying to remember. Like 4:30. Yeah, 4:30. >> 4:30 in the morning? >> Yeah. >> Did you go anywhere else or did you just >> I was literally going straight home. >> Straight home? >> Yeah, I was going straight I live about Let me see. Less than 20 minutes away. Yeah, I'm 20 minutes away. So, I was about 20 minutes away when I made this light. >> Okay. >> You live 20 minutes away from the hookah lounge? >> Yeah. >> How many drinks did you have >> I had one drink. >> Just one drink? >> Yeah, I literally had one at the beginning. Like, I knew I was going to drive. >> What kind of drink was it? >> It was um a like mixed drink, like a cocktail. >> What kind of cocktail? I'm a cocktail person, so I was going to I was going to ask you. >> You're okay. It was um I believe um tequila mixed with I believe a dragon fruit kind of drinks. But, it was literally just one drink. Like, I'm pretty responsible about when I come out. I have one drink in the beginning of the night. I drink water in between. You can even ask them. Like, I was drinking multiple waters in between, too. >> would you say you had that drink? >> Probably like 11:30, 12. Yeah. >> What time did you get to the hookah lounge? >> 11:00 a.m. >> 11:00 a.m.? >> Uh-huh. >> At the hookah lounge, you got there at 11:00 a.m.? >> Yeah, about. >> So, 11:00 a.m. till what time did you leave? >> Well, 11:00 p.m. I guess. And then, I left about 4:00 4:00 a.m. 4:30. >> So, you got to the hookah lounge at 11:00 a.m. or 11:00 p.m.? >> p.m. >> p.m. What were you doing before that? >> I was at my aunt's. I live with my aunt. So, before I go out >> Any drinking before the hookah lounge? >> No. Not at all. >> Any Do you take any medication for anything? >> No, not at all. >> Do you take any other drugs today by any chance? >> No. >> No. >> I am 100% sober. I'm very upset this is happening right now. >> You know, we just have to ask questions. >> understand. I'm just explaining like the car was in perfect condition. I literally just had it at the mechanic shop a few weeks before, not even like I'm going to give you an exact date so you guys understand. >> Did you sleep last night like yesterday? >> Yes, of course. Yes. Yes. Yes, I ate, I slept, all of that. >> When was the last time you had something to eat? >> About 8:00 p.m. tonight. >> Okay. >> Yeah. >> What did you have? Almost like >> Okay. Um I had some rice, beans, chicken. I'm Dominican. I had some rice, beans, and chicken. I make sure that I am properly fed before I go out. Trust me, I am 100% sober and I am very upset that this is happening right now. >> And just to confirm, um drinks-wise >> So yeah, it was about 7:40 p.m. >> You said how many drinks you had today? >> Just one. Just one. Yeah, and I had water, yeah. Yeah, I had water after that. >> How many drinks would it usually take you to start feeling like Like let's say the dragon fruit with tequila, how many of those would you need to start feeling a little something? >> I mean, no offense, I am a pretty I'm a drinker, so usually I drink about three, four, and I'll start feeling something, but that's if I'm home. >> Like one wouldn't do anything to you? >> Yeah, yeah, no, not at all. >> So let's say for right like this second, from one to 10, one being you just woke up, you are fresh as you get, to 10, you're blacked out drunk, falling on the ground, where do you think you would be in that scale one to >> Oh no, I'm one. I'm sober, 100%. 100% sober. >> Did you smoke any marijuana today by any chance? How about any Anything that you've already done? I can't really, you know what I mean? >> No, no, no. I literally I was just going out with my friends and the car was supposed to have been fine. My uncle would never let me drive a vehicle if it was not in good condition. >> Did you pay for your drinks or did somebody else pay for >> No, I paid for my drink. >> Um, do you have any receipts for your drinks or do you have like a >> I mean >> Did you pay for the hookah or just the drinks or >> show you. My friend was supposed to um send me the money on the side. Give me a second. Let me just >> What time did you wake up today? >> Ooh, I've been up since 6:30 in the morning. I was at work today. I went to work. After work I went to the mall with my friend. After the mall, I went to go pick up my cousin from her sports. After sports, I went home. I changed and then that's when we came out. >> And which hookah lounge was it that you went to? >> It's called Sahara. It's probably like >> Yes, sir. >> 15 minutes from here. >> You've been up since 6:30 in the morning yesterday. >> Yes. >> You have not >> No, no, no, not No, not Well, I guess today, yeah. >> Today? >> Yeah, today. >> Without looking at your clock, what time do you think it is right now? Without looking. >> Um, sorry. Um, it's about 6:00 in the morning. >> And then you say you left the hookah lounge at What time? >> About 4:30, 4:00-ish. >> And you live 40 minutes >> I live about 40 minutes away. >> It's a drive. And again, the vehicle was in perfectly fine condition before I started driving it. But >> Um, so again, just because we've been honest with you the whole time, would you be able to do some field sobriety exercises? Just kind of one of those like fancy looking ones. That way we can know and then once you we get through those, we can be like, okay, you know, she's good to go. We can >> Listen, I'm 100% sober. Whatever you need me to do, I will do. I just >> Yeah, we'll get this out of the way that way I know you're good to go and then we can start making some phone calls or Uber. I don't know how we can get you home. We'll figure that out together, okay? >> I mean, >> It's >> I'm going to have to go to somewhere. >> of all, it has no tire. Okay. Can I take a picture of the gun? Yeah. Can I take a picture? Can I take a picture? >> In a second you will. >> Let's go. >> Let's just get this out of the way first. Let's get your jacket. Is that it over there? >> Let's go. Let's go this way. Let's walk over to the gas station over there, okay? You'll be able to take a picture when we come back. I literally have to get a tow. Yeah, I mean >> Oh my god. >> It has no tire. Got a flat tire, so >> I'm sorry. I've just been dealing with so much in life. >> But you're alive. You're good. Okay, you'll get through this. That's all that matters. >> Oh, and then I have to pay for whatever they're going to store it, I imagine. >> Your your insurance takes care of all of that. >> Are you positive? >> 100%. Nothing comes out of pocket. >> I'm sorry. I've just been paying for so much stuff lately. Like I paid for paid for the vehicle. Paid for it. Paid for it. I've been paying so much money. And with my luck, insurance is going to be like you you have to I'm sorry. No. Excuse my language, but with my luck I already feel it. >> I mean yeah, it's okay it's the best way to get it out like as soon as possible. But >> What for? >> We're going to the uh >> To the line over there. To the parking lot. >> So meet me over there. >> So, are you able to see the line? >> I'm 100% able to see it. >> Okay, what color is it? >> It's white. >> White? Okay, what color are your eyes? >> My eyes are brown. >> Okay, all right. Are you Do you have any Do you wear glasses? No glasses? Contacts? No? Okay. >> I have 20/20 vision. >> Okay, all right. So, she's going to walk you through some of these exercises. If you have any questions, please ask her. Okay, her job is to make sure that every that all she reads to you, you fully understand, okay? So, before she says, "Are you ready to start?" if you're not ready, let her know. >> Okay. >> Okay? >> So, first exercise we're going to do is called I'm going to read you the instructions, okay? >> Should I take my purse off? >> You can, yeah. >> I'll just Yeah, it's fine. >> You sure? You can Thank you. All right. So, put your feet together, hands by your side. You're going to keep looking Keep your head still and look back and follow the symbols with your eyes only. Okay, you're going to look at >> Okay, the light. >> Yep. Try not to move your head, okay? Look at Yep. >> Same thing, okay? Follow the light the light with your eyes only, not your head. >> I'm sorry, it's like getting extra windy. >> We're going to move on to the next one. >> Thank you. I'm sorry. I'm was like I felt the wind coming through in between all of that. This is not my type of weather. >> So, would you say this is a straight line? >> Okay. >> So, for the next uh exercise, we're going to put your left foot on the line. Like so. Then your right foot on the line ahead of your left. Let's start a little bit further just so the line doesn't finish. >> All right. >> So, go ahead and >> Is it okay here? >> Yeah, that's fine. >> Like this? >> Mhm. >> Okay. >> Keep your hands by your side and you can begin. And count aloud. >> Oh, one. >> Make sure it's heel to toe. >> Like this? >> Yep, so heel to toe. >> We're not going to walk you through the steps, so >> Okay. >> You see, so whenever you're ready to start, we are not going to stop you until you you tell us you're done. So, do you understand? >> So, I have to count to 10? >> So, do you need the instructions one more time that way you can fully understand? Like I told you, our job is to make sure that you understand, okay? >> She said to count to nine. >> Count to nine. >> So, you can restart again. >> So, basically just walk >> Count to nine. >> a straight line in nine >> Yep, and then turn around. >> Okay. >> And then fully you fully understand or do you need me to show it to you again? >> Okay. Basically, count to nine like steps forward and then pivot back. >> And heel to toe steps. >> Okay. >> Okay. You can start. >> Okay. two three four five six seven And then count to nine again. two four five six seven eight and then nine 10 All right. So, put next exercise it's going to be one leg stand, okay? You're going to stand with your feet together and your arms at your side like so. You're going to maintain the position until told otherwise. When I tell you to When I tell you to, I want you to raise one leg either leg you choose approximately 6 in off the ground. Your foot's going to be pointed out, both legs straight, and look at the elevated foot. You're going to count out loud in the following manner: 1,001, 1,002, 1,003, and so on until told to stop. Do you understand the instructions? >> Give me one second. You let me know when to start. >> Yep. And start. >> 1,001, 1,002, 1,019, 1,020. >> You can stop. >> After firefighters cleared the scene, officers initiated a criminal traffic investigation for suspected DUI. At approximately 4 minutes 29 seconds into the encounter, officers administered Miranda warnings before focused impairment questioning. Under Miranda versus Arizona 1966, custodial suspects must be advised of their right to remain silent and right to counsel prior to interrogation. The Supreme Court in Berkemer versus McCarty 1984 held that routine roadside DUI questioning is generally not custodial. However, when questioning shifts to focused impairment inquiry, the totality of circumstances determines custody status. By reading Miranda before alcohol specific questioning, officers insulated all subsequent admissions from Fifth Amendment suppression challenges. The subject waived her Miranda rights and continued speaking, disclosing one alcoholic drink, her tolerance baseline, and a self-assessed sobriety rating of one out of 10. These admissions are now fully admissible under the waiver standard established in Colorado versus Connelly 1986. Officers then administered the three test Nitzsche standardized field sobriety battery horizontal gaze nystagmus walk and turn and one leg stand in NHTSA research validates HGN as the most reliable single indicator of alcohol impairment. With a published accuracy rate of approximately 88% when properly administered the walk and turn test carries eight validated clues two or more clues are considered indicative of impairment under Florida's SFST protocol. The one leg stand identifies four validated clues. Officers observe performance consistent with impairment across the battery under Florida statute section 316.193 DUI is established by either impairment of normal faculties or a back of point zero eight or higher two independent paths to probable cause. Probable cause does not require proof beyond a reasonable doubt under Illinois versus Gates 1983. It requires only a fair probability that an offense has occurred. Officers determined probable cause based on driving behavior, post Miranda admissions, FST performance and the time of day. >> That was the last you just asked? All right. So, do me a favor. Can you put your hands like this? All right. Put your hands behind your back. Okay. >> Put your hands like your friends. Just like this. >> Can I ask what's happening? Do you want to tell us anything else about what you're drinking today? >> No, I haven't had anything else. >> What alcoholic beverage >> There's something going on. Like it's not just one alcoholic beverage something else going on that you have put into your body. >> I literally have drank one beverage when I went over there. I've been drinking water in between. You can even call them like I literally ordered water in between. >> Let's walk over to the car. So, face the car. Do like this. >> Can I ask what's happening? >> So, you will be going to jail tonight. All right, you want to come on? >> Woah. Um >> So, based on the assessment that we just did you are not fit to drive and you have more than a few drinks today. >> have had one drink. Wait, can I I literally had one drink. >> One second. Can you hold that so I can put the >> Can I please >> Okay, just step in. >> Can I >> Step in. >> Can I please like >> Just step in first and then we can talk. Can you give me a second? >> I'm going to do got to do and then I'll talk to you in a minute, okay? I've never been through this process. Is it way too >> Yeah, too loose. >> Yeah, you What I would do is try to thread it. >> Yeah, cuz I was like >> Might be the shock or you can buy your own. >> Yeah. >> That is uh these are terrible and then when you need to do the flop up test. >> After being loaded into the squad car, she was taken to the Orange County DUI Testing Center where she provided a breath sample that resulted in a .166 indicating that she was over twice the legal limit. She was later found guilty in court. If you enjoy the content we produce, please don't forget to like, comment, and subscribe for more. >> Following arrest, the subject provided a breath sample under Florida statute section 316.1932, the implied consent law. The result, .16, six more than twice Florida's legal limit of .08. The subject was later found guilty in court. Officer lead investigator, grade B+. Proactive Miranda administration and methodical questioning sequence reflect sound constitutional awareness. Probable cause was properly supported by the totality of the evidence. Minor deduction, the exact moment of custody was legally ambiguous and a defense attorney could challenge statements made prior to the Miranda advisement. Officer FST administrator, grade A-. NHTSA compliant instruction delivery, patient re-explanation when the subject was uncertain, and proper relocation to a well-lit environment reflect strong technical proficiency. Minor deduction for not documenting environmental conditions. Wind and temperature can affect balance-based test performance and should appear in the arrest report. Subject driver, grade B. Full cooperation and physical compliance during arrest are credited. However, waving Miranda rights produced admissions that strengthened the prosecution's case against her. Under Florida law, a driver has the right to decline field sobriety or exercises without license penalty. The subject was not informed of this, right? And there is no legal obligation to do so, but it is a right that exists. Key takeaways. First, Miranda timing matters. Administering warnings before impairment-specific questioning, not after arrest, is the strategically correct approach for evidentiary integrity. Second, field sobriety exercises are voluntary in Florida. A driver may decline without automatic license suspension, unlike the chemical breath test, which carries implied consent penalties. Third, perceived sobriety is not legal sobriety. A BAC of 0.16 is clinically significant impairment, regardless of whether the subject believes she is functioning normally. Fourth, post-Miranda silence is protected. Once Miranda is read, a suspect who chooses to speak waves constitutional protections that cannot be reclaimed mid-conversation. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching, and don't forget to check out our second channel,