Sorry, I'm not Yes, ma'am. At this time, you're under arrest for DUI. Do you have somebody that can come get the children? Who can come get the children? All right, we're going to need to need to call him. I don't want to have I don't want to have BCF have to come out here for him. What's your husband's phone number? Why am being What? You're being arrested for DUI. Driving under the influence. And that influence encompasses alcohol and medications. Hey, you're being arrested 23rd, 2024, Charlotte County Sheriff's deputies responded to a welfare call involving a potentially impaired driver with children Contact at 3:30 in the morning. I'm Corporal with the Sheriff's Office Traffic Safety Team. Reason I'm stopping the Infiniti is we had a call about your vehicle. They were concerned about your ability to operate a vehicle. Um Uh is everything okay? Have you had anything alcohol or anything to drink today? Uh are you on any medications? Prescribed by a doctor? No. Well, anxiety Okay. What I had How much have you had today? I had my anxiety meds. Well, we're right in the middle of the pharmacy. Yes. Let me make my phone It's fine. Uh last night. Okay. All right. Um what were you doing up at Charlie's Pub? Stop at the pub. I had to use the restroom. Okay. All right. Well, they're the ones that called. They were concerned about you being able to drive safely. All right. So, I have another vehicle coming. Uh how come you didn't When I got out of the car to walk up to you, you didn't uh you just took off on the access right there. Or did you not even see me? No, I I stopped at the No. I was behind you when you were at the stop sign. I was walking up to your car and you took off. No, I'm not. Okay. I'm sorry. All right. Well, like I said, right now I'm just waiting. How old is the little baby? Um she's two and he's seven months. Oh, okay. I took her. Took her and the pup? >> Yeah, I just had she was sleeping. You didn't take him? No. You left him in the car? I left him right here. I just had to pee. Okay. All right, I'm going to get my form. Can you get her out real quick, sir? So, I have one 313's out with me. I'm going to I'm going to do field sobriety, but she's got two babies in the car, too, so I'm going to have to wait for a third to get here to watch them while I do her. At this time, ma'am, I am concerned about your ability to operate a vehicle safely. I'm seeing a couple clues and indicators that believe me to be that you may not be able to operate it safely. With that, I'm going to ask you to submit to field sobriety to make sure you're able to operate your vehicle safely today, okay? Will you do the exercises I'm going to ask of you? I will. All right. All right. This is the first thing I'm going to do, Miss Patton, is I'm going to check your eyes. All right. So, what I want you to do is stand with your feet together, arms at your side. You see that pen? I need you to focus on that pen. When I move it, I'm going to move it in a left-to-right fashion. You're going to follow with your eyes and your eyes only, keeping your head completely straight. Do you understand? Yes, I understand. Do you have any questions? No, I do not. All right. All right, Miss, this time we're going to go upwards. Same thing, just your eyes, head straight, okay? Okay. All right. Relax for a moment. All right. This time, what I'm going to do is I'm going to go around your face in a circle twice. You're going to follow with your eyes, your eyes only. After I make that second turn, I'm going to bring it in close to your nose. I'm not going to touch your nose, but it'll be very close. Yes, sir. As mine, what I'm trying to do is get your eyes to cross. >> Yes, sir. Okay? Yes, sir. All right, Miss Patton. This white line that you're standing on, do you see it? Yes, sir. You consider it a fairly straight line? I do, sir. Is it free of any debris that could cause you to trip? No, sir. It's not. What's on it that could cause you to trip? No, sir. No, sir. No, I asked is it free of any debris? >> Oh, yes, sir. Okay. I see that you're wearing sandals. Um would you like to take those off and do it barefoot or are you comfortable with your sandals? I'm comfortable with my sandals, sir. All right. What I'm going to do, ma'am, is at this time I want you to put your left foot directly on the line. Take your right foot, place it directly in front of left like mine, arms at your side, stay in that position. Do not start until I tell you to begin. Yes, sir. When I tell you to begin, though, Miss Patton, you're going to take a series of steps counting your steps out loud like such. There is >> One, two, three. You're going to go all the way to nine. Upon reaching nine, you're going to leave that lead foot in place. You're going to take that back foot. You'll step out, make a series of steps turning all the way around. You're then going to return back down the line another nine steps like such. One, two, three. Go ahead and assume the position. Right foot in front of left. All right. No, don't start yet. Wait till I tell you to start. So, left foot on the line, right foot in front of left touching heel to toe. Right foot Right foot in front of left. Are you ready? Yes, sir, I'm ready. I'm sorry. Yes, sir, I am ready. All right, put your foot Right foot in front of left. That's the starting position. Now, begin. Yes, sir. >> Woo! Ms. Patton, do you remember the instructions? I walk one in front of the other for nine. Yep. And then turn and go back nine, right? Okay. How many steps did you take? I didn't count. I'm sorry. Do you want me to start again? No, no. Just continue back the other way. All right. Come back up. How many STEPS WAS THAT? HONESTLY, I GOT SIX BACK. OKAY. ALL RIGHT. I can do it again. No, we're fine. Do you have a stopwatch for me be second? Yeah, I can. Here. Just wait right here on this line for me. >> Yes, sir. We got two more exercises to do. Sir. Oh, no. I'll just have you keep the time. It's fine. >> Yeah, let me get you get it ready. All right. The next exercise is called the one leg stand. Sir. Okay. When I tell you to, you're going to take the foot of your choice and you're going to raise it approximately 6 in off the ground. It's going to look like this. Your foot will be parallel to the ground. Your arms will be straight. Your legs will both be straight. Okay. 6 in is like a Coke can. Think about resting your foot on top of a Coke can. >> Sir. You're going to count out loud in the manner of such. 1,001, 1,002, 1,003. You're going to continue to count till I say stop. All right. I'm not going to tell you how long I'm going to have you do it for, but I will tell you that I'm about to do it longer than I'm going to have you do it. >> Sir. If at any time you lose your balance or anything like that and have to put your foot down, regain your composure, pick that foot back up, and continue counting where you left off. Sir. So, if you have to put it down on a five, when you pick it back up, make sure we start counting again at six. Six. All right. Again, both legs are to remain straight. Foot is parallel to the ground, 6 in off the ground. Arms at your side, you're looking at your foot, and you're counting out loud 1,001, 1,002, excuse me, 1,003, and so on. Sir. Any questions on what I'm asking you to do? >> No, sir. Do you have What No. What foot do you want to stand on and what foot do you want to raise? >> stand on this, but can you block the wind? It's It's actually very It is windy. All right. I said I didn't And I did just do it, but what I could do I can I can stand to the side, but what I need you to do is um >> no problem standing here. I just want you to block it. >> Do you have any Do you have any physical handicaps or ailments that keeps you from doing this? No, sir. All right. So, you're going to stand on your left and raise your right. >> Sir. All right. Follow me when you're ready. Ready. Begin. >> And you can stop. All right. Miss Patton, the last exercise is called the finger to nose. So, what I need you to do is take both your fingers like this, index fingers. Now, put them in your side, palms forward like mine. Remain in that position until I tell you to start. When I tell you but switch sides so the sun's not in your eyes. I'd rather have the sun in my eyes. When I tell you to start, you're going to have your head tilted back and your eyes shut. My eyes will stay open to watch you, but your eyes will be shut, okay? If I say left, I'm going to call out a series of left or right. If I say left, it's straight up, tip of the nose, tip of the finger, and right back down to your side. I will not remind you to put it down. If I say right, it'll be the exact same, straight up, tip of nose, tip of finger, and right back down to your side. So, we're clear, that's the tip of the finger, not the nail, not the pad, not the sides. If this is your nose and that's your That's the bridge and those are your nostrils, it's literally the tip to tip. So, it's like this. Nope, like this. Straight on. And then right down. This. Just like that. Yes, ma'am. Yep. To your nose and right back down to your side. All right. Miss Patton, head back. Eyes shut. Left. Right. Remember the instructions. Remember the instructions. Okay. You got to put your hand down. Oh, sorry. Sorry. Sorry. Left. Right. Right. Left. All right. I got one one last exercise. It's a balance exercise. Face that stop sign real quick. I'm going to explain how to balance for you real quick in a minute. Yes, sir. The initial stop satisfies the reasonable suspicion standard established in Terry versus Ohio. Multiple eyewitness reports from bar patrons provided specific articulable facts sufficient to justify officer contact. Under Florida statute section 316.193, DUI encompasses impairment by any substance, alcohol, controlled drugs, or prescription medication when normal faculties are affected. The statute makes no distinction between substances. The subject's voluntary disclosure of anxiety medication during a non-custodial roadside inquiry is admissible. Under Berkemer versus McCarty, Miranda warnings are not required prior to formal arrest during a traffic stop. Four standardized evaluations were administered. Horizontal gaze nystagmus, walk and turn, one leg stand, and the supplemental finger-to-nose test all validated under NHTSA protocol and accepted by Florida courts. The subject failed to count steps aloud during walk and turn out and failed to return her hand to her side during finger-to-nose. Both scored clues under standardized evaluation criteria. Combined with HTN indicators, probable cause is well established. State versus Cliphouse, decided by Florida's Fourth District Court of Appeal, confirmed that field sobriety clues combined with witness reports constitute probable cause for DUI arrest under Florida law. The subject left a 7-year-old unattended in a running vehicle while entering the bar. Under Florida statute section 827.03, child neglect does not require actual injury, only a foreseeable risk of harm. That threshold is met. Florida statute section 316.193 subsection 4 elevates DUI to an enhanced offense when a person under 18 is present in the vehicle at the time of the offense. Combined with the neglect charge, she faces up to 5 years. Ms. Amanda, at this time you're under arrest for DUI. Do you have somebody that can come get the children? Who can come get the children? All right, we're going to just need to call him. I don't want to have I don't want to have DCF have to come out here for them. What's your husband's phone number? Why am being? You're being arrested for DUI. Driving under the influence. And that influence encompasses alcohol and medications. Hey, you're being arrested cuz you're not able to drive that vehicle safely. The clues and indicators you provided me during field sobriety are enough to affect the arrest on you. So, we're going to go to my car. Nothing on you that's going to get you in trouble at the jail, drugs, weapons, or anything? Okay. Is there anything in the vehicle that's going to get you in trouble? Drugs, marijuana, weapons, anything? it. Hey, those It's questions I have to ask. >> I said no. I know, and I'm just I just saying it's just questions we have to ask. What's your husband's name? Charles. Charles? >> to tell me what I what I failed? It's not pass or fail, but I'll tell you that you gave me enough clues and indicators to arrest you. >> Oh, did I? Oh, yes. Absolutely. Did my anxiety medicine that I didn't tell you about have anything to do with it? >> Absolutely. >> Absolutely. All right. If you look at your medication bottle it says do not operate machinery. >> No, and And absolutely. that I didn't tell you about. Okay. It could be. I'm not sure what that is, but the the anxiety medications, absolutely, ma'am. Okay. Yeah. Okay. She'll be right back up. You got to hold tight. Just take a seat, Amanda. She said the husband. Traffic fines. Should be the husband. We got a 2-year-old and an infant in the car. Do you want to ask Do you I'm going to start typing something real quick. Do you want to ask her if there's a parent, a grandparent? We'll get anybody. At this point, any relative is better than DCF. Yeah, that's your unicorn. What's its name? Is that your brother? He's crying. What's your brother's name? What happened? A boo-boo? In my hair? Yeah, I got a couple of those. What you watching, Sing? It's fine. >> He's crying. How old are you? Uh-oh. Are you watching Sing? It's my favorite movie. Yeah, he's crying. What's his name? What is it? Are you trying to give me your unicorn? This is your unicorn, though. Do you want him? You want me to have him? Yeah? What's its name? Yeah. Watch out What's on your feet? You don't know? Yeah. That? That's my radio, so that's how I talk to people. That's how I talk to my coworkers. You have pretty eyes. They're blue like mine. It's talking, yeah. Yeah. I'm going to go and make sure your brother's okay, all right? I'll be right over there, though, okay? I'm not going to leave. I'm just going to walk around to go over there, okay? I'll be right back. Hi, buddy. Hi. HI. HI. YES, UM I'M YES, I'm still here currently with them. Me and another deputy are. Hi, is this Charles? I'm sorry. Charles, this is Corporal Conant from the Sheriff's Office. I need you to come to Harbor and 41 where the pharmacy is and pick up your children. Um your wife's been arrested for DUI and I have the children the 2-year-old and an infant in the Infiniti and I need them picked up. 41 and Harbor in Port Charlotte. Do are you familiar with Port Charlotte any? Yep. And it'll be the There's There's a 7-Eleven on one corner and across the street from the 7-Eleven there's a Midway Pharmacy. We're in the pharmacy parking lot. All right, thank you, sir. All right, it's going to be a bit. He's coming from Sarasota. receives an A minus. The investigation was procedurally sound from contact to custody. FST administration followed Nitsa protocol without deviation. He correctly articulated the legal basis for arrest, accurately applying the statute to prescription drug impairment. He waited for a third unit before beginning field sobriety testing, ensuring children were supervised throughout. He then personally arranged custody transfer to the father, avoiding DCF involvement. This is officer discretion applied correctly. The minor deduction clue counts were not verbalized on camera during HGN and walk and turn administration. On-camera documentation reduces prosecutorial vulnerability on cross-examination, a small but real procedural gap. Amanda Patton receives a C+. She was cooperative, non-resistant, and honest, including acknowledging a second undisclosed medication when questioned. These are meaningful factors that prevented escalation and reflect personal accountability. However, operating a vehicle while taking medications explicitly labeled against machinery use with children aboard is the core of the state's case. Cooperation during arrest does not retroactively address the conduct that preceded it. Lessons from this encounter. First, prescription drugs carry the same DUI exposure as alcohol in Florida. If a medication warns against operating machinery, that warning reflects a legal standard, not a suggestion. Driving on such medications creates criminal liability. Second, child neglect charges do not require visible harm. Leaving a minor in an unattended running vehicle in a public lot is legally sufficient. The risk itself triggers the statute. Third, field sobriety testing is not pass or fail. Officers score observed clues. A subject can complete every test and still accumulate sufficient indicators for probable cause. Understanding this distinction matters before consenting to testing. Fourth, roadside disclosures are not protected. Statements made before formal arrest during a non-custodial traffic stop are admissible. Invoking the right to remain silent at any point is legally sound and carries no criminal penalty. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching.