How you doing, sir? The reason I stopped you is because I turned you made you peeled out went off the went outside of the lines and you went at a high rate of speed northbound here. >> Oh, I'm sorry about that, sir. >> Okay. Is this your vehicle? >> Yes, sir. >> You have your driver's license with you? >> It's in my wife's name. >> Okay. >> But yes, I I own it. >> Okay. You look a little You look a little slow, man. You been drinking or >> No, I'm good, man. >> Yeah? >> Yeah. >> You haven't been drinking? It smells a like you might have. >> No, uh that was way earlier and I smoked inside of my vehicle. >> You smoked weed? >> in case, yeah. >> Okay. >> If it smells like marijuana >> Did Have you Did you smoke earlier as well? >> No, but that was way earlier. It's just >> cuz I'm looking at you right now, brother, and >> No, I I understand how it feels or how it looks or how it seems. >> Yeah. >> But I'm really not under the influence. I'm really not. >> Where are you headed to? >> I'm just going home right now. >> Okay. Okay, do you have the registration insurance for the vehicle? >> Is it automatic? Can you shut the car off? >> Yes, sir. >> And then I'm going to have you just uh step out that way and then there's an officer back there. Uh you you can walk to him. >> Where do I put the keys at? >> Uh just leave them right there. It's fine. >> Wallet. >> Okay. Step over here for me. Step over here. You put your hands on Just I'm trying to talk to you. Come over here. Come over here. Come over here. >> Okay, my bad. >> It's all right. Okay. >> Um so, you told uh this officer previously that you did drink earlier. >> Yeah. >> How long ago? >> That was a few hours ago. We were I was at Buffalo Wild Wings. >> Yeah, Buffalo Wild Wings. >> Yeah. >> How many How many did you have? >> I had about two of those tall beers. >> Two of those tall beers about two hours ago? >> Yeah, more or less. >> Okay. >> Uh I have What else have you had to drink? >> Uh that's pretty much it. >> Yeah. >> And you said you smoked? >> Yeah. >> Okay. How long ago was that? >> Oh, that was hours earlier. >> Hours earlier. >> I have a pen in my pocket as well. >> A pen in your pocket? >> Yeah, the cards, the vape pens. >> Okay. Just >> Vape pens. >> Just leave it in there. >> All right. >> Okay. >> Um Okay, so uh right now I can I smell alcohol coming from your breath. >> Yeah. >> Uh while you're exiting the vehicle, you were kind of like grabbed your balance. Uh you're all doing okay right now, but you grabbed your balance as you were coming over here. You did say that you had two of the tall ones at um >> I'm just nervous, man. I'm Every time I have encounters with police officers, I'm relaxed. I mean I just finished all my paper, everything this last year, I would say. And I just get nervous around you guys. Like completely honest. Yes, I did have a few drinks. I'm not going to lie to you guys. But I'm not impaired to that point. You know what I mean? It is. Um I get a little scared around you guys cuz I mean All I known is being in and out all my life. >> Okay. Uh so I'm going to have you uh if you want to do sobriety sobriety sub sobriety >> I'm subject to whatever you guys want right now. Like um I'm I'm not denying anything. >> Okay, so you're submitting to the standardized sobriety test? >> I'll submit to everything. >> Okay. >> Uh let's probably move up there cuz it's a little more level than this. Okay, let's go up there. >> So I'm going to get on the level concrete or >> Yes, just up just right here. We could go up to this the sidewalk. >> Right here is good. >> More, more, more. >> Uh we need I don't want you to fall over. It needs to be >> I know. I won't fall over. >> Right there. Right there. Right there. Okay. >> Um I put my hands down. You guys feel safe? >> if you use that. >> Nothing. Like I told him, I have a card in my pocket. Go ahead. >> Put your hands behind your back. And nice your fingers. Okay, you said you had a pen. >> Yeah. >> Okay, can I feel that? >> Yeah, you feel it? >> Yeah. Can I retrieve it real quick? Okay. All right, so with the first test, okay? I'm going to have you feet together, toe to um heel to heel, toe to toe. Arms down right to your side and don't move from this position until I tell you to do so. You understand? >> Yes, sir. >> I'm going to flash this light. >> Do I'm going to follow any lines or do you just want me to look straight? >> Face this way for me. Can you turn this way? Face this way. There you go. >> Do I'm going to look in any specific direction? >> right now with the you're going to follow with your eyes and your eyes only the tip of my pen. >> Yes, sir. >> Okay. There you go. >> So, my husband and I sent her out with one at Buster and Beverly. Any woman and not a woman not a dispatcher five. They please advise out with three subjects and fighting. One of them has a 10-51A 10-10 George and the other one has a history of resisting. >> Just keep on following my hand, okay? >> my safety, but they were requesting a second unit for >> Go ahead and release >> See no more cuz I like sending them for I lost track of the bandage, you guys know. >> Okay. >> Pick your hand up. Can you cross it down here? >> Yeah. >> I said >> Hop, hop, hop, hop. >> My bad. My bad. >> Hop, hop. Come up. Come down here. >> Okay. >> Right there. >> that? >> Say that. >> You need to be able to walk in these steps, right? >> Okay. So, for the next step, okay? You're going to put your hands downward to your side, okay? >> Like this? >> Yes. You're going to put your right foot in front of your left, heel touching heel to toe as such. Okay? Go ahead and get into that position. >> You want me to follow yours? >> Also? >> No, just get into that position. Just heel to toe, right over left, okay? Arms downward to your side and do not move from this position until you're told to do so. Okay? For demonstration purposes, I'm going to demonstrate. Okay? For right now, just stay in that position. >> All right. >> Okay? So, from here, you're going to take nine heel to toe steps. Okay? You're going to count each step without stopping. Once you get to nine, you're going to On your ninth step, you're going to pivot on your left foot. Take a series of small steps and then come back around. Can come back around taking additional nine heel-to-toe uh steps. Nine heel-to-toe steps, okay? So, just from your right foot, you're going to imagine an imaginary line. Can you do that? Okay? >> Do you want me to start now or >> Hold on. Hold on. I just wanted to make sure that you understand the instructions, okay? So, without stopping, you're going to do that. Series of nine steps, come back. Do you have any questions? >> No, sir. >> Go ahead. >> One. Two. Three. Four. Five. Six. >> Look down at your feet, man. >> Seven. >> Look down at your feet. >> Oh, you want me to look down? Eight. Nine. >> That's nine, all right. >> One. Two. Three. Four. Five. Six. Seven. Nine. >> Okay, so we're going to move on to the next test, okay? So, with this test with with your leg of choosing, your foot of choosing, you're going to lift up your right or left. Okay? Your foot's going to be parallel to the ground. Arms downward to your sides as the same as the last test. You're going to look at your foot that you choose to to lift. And you're going to count in this manner. 1,001, 1,002, 1,003, so on and so forth until I tell you to stop. Okay? So, it's going to look like this. Arms downward to your side. I'm going to choose my right leg to lift. 1,001, 1,002, 1,003. Okay? Till you're told to do so, till you're told to to stop, you're going to lift your that foot up 6 in off the ground. Ready? Begin. >> 1,001 1,002 1,003 1,004 1,005 1,006 1,007 1,008 1,009 1,010 1,011 1,012 1,013 1,014 1,015 1,016 1,017 1,018 1,019 1,020 1,021 1,022 >> You may stop. >> 1,023 >> Um go ahead and just take a seat up here. Yeah, that's fine. Just right there. >> Where you going? >> Good night, officer. See you, sir. >> It's not a pass or fail. Um but I do believe that you're intoxicated to the point where you you're unable to drive. >> But if I'm in the back of the car, can I go? >> It's not It's not a pass or fail. >> Yeah, so it's not a pass or fail, bro, but we have enough to believe that you're intoxicated, okay? Under the Under alcohol and or narcotics, whatever it may be, but we don't feel like you're safe to operate a motor vehicle. >> You guys really don't? >> No. Do you think you are? >> I I really think I am. >> Yeah. >> Would you guys be able to follow me >> No. >> to where I'm going, to my destination, to my home? >> do that. >> So, you guys wouldn't even be able to give me a chance on that. >> There's no chances for DWIs, you know what I >> But I mean it's not a DWI if I'm like I mean I passed all you guys' test. >> It's It's not a pass or fail. >> So it's just >> But you We have enough to believe that you're under the influence, okay? Let's go. Let's do what we got to do. All right. Go ahead and >> Can I at least call someone to like come get my ride or something? >> Walk this way. >> Can I go get my phone? >> I will I'll get it for you later. That way you can probably get someone to pick up your ride. >> Well, they're going to tow it right now, aren't they? >> Uh if you're able to We're not going to wait here that long. So if you're able to get someone here pretty quick >> Can I at least get a break? I'm sorry. >> Go ahead and step Just go ahead and turn around. Your phone's in your car? >> Yeah. >> Who would you call to come get your vehicle? >> My lady. >> Where does she live at? >> She lives on where I was going home. 13 But can I see if I could call somebody else to try to help me out? Uh a friend. >> If it's going to take someone longer than that, we're We can't be >> Cuz I mean some calls at least. >> Go ahead and take a seat. >> Do you have somebody in mind? >> I have someone in mind, but can I make the call? >> You can make the call, bro, but they're not here in 15 minutes. >> It's my wife. That's the registered owner. >> let the registered owner turn over the vehicle. I can't I can't let You're not the registered owner? >> No. She It's under her name. Yeah. >> Okay, so just listen to me real quick, okay? >> Yeah, he's right over there. >> Uh I'm about to tell you something important. You are under arrest for DWI. Uh the New Mexico implied consent act requires requires you to submit a breath test to determine the alcohol content of your blood. After you take your test, you have the right to choose an additional independent test. If you choose to take this additional independent test, you have the right to reasonable opportunity to arrange a physician, a licensed nurse, or laboratory technician, or technologist who is employed by a hospital or physician of your choice to perform any additional chemical test. The cost of this additional test will be paid by the law enforcement agencies. Do you agree to take our test? >> So, what is that? Like you guys are asking me or >> Yes, I'm we're asking you for the breath test, uh >> to blow into the machine. >> And if I deny? >> Read that. >> I cannot force you to take our test, but if you refuse, you will lose your New Mexico driver's license or a non-residential operating privileges for 1 year. You are You are If you are convicted in court or of driving while under the influence, you may also receive a greater sentence because you refused to to be tested. Do you understand? >> Yeah. >> Okay. Uh you're right. So, do you Do you want to do the test? Do you want to take our test? >> Am I under arrest or what? >> So, if I take the breathalyzer and I pass, am I free to go or am I still under arrest? >> You're still going to be under arrest. >> So, I take the breath analyzer, I pass, I'm still going to place under arrest. >> not What is it you want to take the test or take the test or not? >> No, like I I'm not trying to get smart with you guys. I'm just trying to be understanding, man. Like I'm tired of this life that I went through. >> There's no passing failing, I mean, so your best cool statue is >> Either I take it or I don't or I don't take it. >> Your best cool statue it says you're not to operate a motor vehicle to the slightest degree. So, there's no passing failing on the breath. There's no passing failing on SSTs. It's operating a motor vehicle to the slightest degree of being impaired, okay? So, it doesn't matter what your number comes out to. We believe that you cannot operate this motor vehicle in a safe manner. So, you are under arrest for DWI. Understand? >> So, it doesn't matter whether I take it or not. >> It does matter. That's what he read to you. There's consequences if you don't. Um >> Let's see the outcome. >> No, cuz if you It does not necessarily, no. But, it's up to you. You have that option, yes or no. >> I'll take it. >> You want to Do you want to take it? >> Yeah, I'll take it. >> Check your mouth. Check your mouth for anything that's in your mouth. Okay, lift up your tongue. Okay. All right, go ahead. Just stick out your tongue, all right?