Oh, did you? Okay. Okay. So Was he how was he cruising like Okay. Okay. Did you go up and talk to him at all? Make any observations on him about his condition at all? Okay. I got a a little bit of whiff of alcohol, I think. Okay. Sure. Okay. Got you. It definitely happened again. We can definitely do that for you. Um, sir, if you want to give them your information to me just so I got your number. No, that's a Debbie Scali. Who is it? Debbie Scali? Nope. Nope, he has just moved like houses so he just bought that place so. I got a good witness too. It was our side waiting for his package and saw the whole thing so. Mr. Gavette. >> He's blind. I'm down here by the >> How did you see anything? You're blind. >> We heard him. >> Are you good with us? I don't know if we can do anything for you. >> Yeah, we're fine. We'll just >> Yep. >> Yeah, he's so far off the road he'll be all right. >> That's why I thought by the time I told dispatch to get you guys >> Hey, I drive a >> a lot better than this. >> [laughter] >> He's driving on the day. >> It was out of the day trip. >> Yeah. >> I'm just kidding man, but you know. >> Um I'm not going to rob this for you, so I haven't even talked to him yet. >> Okay. >> He's in the back of the ambulance. >> What's his name? >> I've got a great witness. >> Okay. >> One of the EMTs smells an alcoholic beverage on him. >> Okay. >> So, I'll let you >> Okay. >> chat with him. >> the ditch way down there. >> Yeah, I'll I'll take care of all this. Just Okay. Make him your priority. >> All right. I do have a question. >> Yeah. >> Um no, I haven't even talked to him, but he might be the owner, but just make If you had to estimate what you think he was doing >> I mean, he was just >> I guess if he was riding in the ditch, he probably was on his way slowing down, but >> Yeah, I actually when I heard the noise, I thought she did. That's That's what I thought was thunder. I looked out and >> Okay. >> I see the car flying over her driveway. >> Yeah. >> And I thought, "Oh my god, he's going to flip the thing." >> Mhm. >> And then it came to rest up against the culvert. >> Got you. >> I ran out, grabbed my shoes and my sweatshirt. I ran out past the bush because he was still in the car. Then he got out and I said, "Are you okay?" and he was disoriented, but I said my other question was, "Are you the only one in the car?" My My second question. >> Awesome. Okay. Well, I suppose I'll get some good pictures, too. >> All righty. >> So, Michael, what What happened, man? >> I don't know. I just I don't know if I hydroplaned or what, but I just got off the side and I couldn't save it. >> Got off the side and couldn't save it. Where are you coming from? >> I was in I went to Quick Fill to get dinner and I was going home. >> You're going home. You live Where you live now? All right. So, I know you've had a beer, right? So, I can probably just smell a little bit of alcohol. Have you been drinking? How much have you had to drink? >> A or of maybe. >> Four? When was that? When did you drink? >> This afternoon. >> About what time? >> Two and three. >> Two and three. It's 6:00, so about 3 hours ago. Okay. All right. Would you be willing to perform some standardized field sobriety tests? >> Yes. >> Okay. All right, so what we'll do, why don't you come in this driveway here, where it's more level. We're kind of a slope here. And we'll do some tests. >> 828 >> Right there is good. >> Probably 10 to 15 times. >> All right, Michael. So, do you have like any physical injuries that would hinder you from taking any tests? Nothing like that? Do you have any medical conditions that might any Are you diabetic or anything? Nothing like that? You take any medications that might hinder you from taking any tests? >> No. >> Now, do you wear any contacts or anything? >> No. >> No? Okay. All right, can I have you take your hat off real quick? All right. You can just set that either in your pouch there or you have your things good. All right, man. So, first test is just going to be an eye test, all right? Um so, what I'll have you do, once you get your head All right. I'll have you stand your feet together, hands down your sides, and just don't move until I tell you to do so. Do you understand? All right. So, the first test, like I said, it's an eye test. You see this like silver tip of my pen here? All right, what I want you to do, I'm just going to be following that with your eyes, your eyes only, okay? Just don't move your head, just kind of track it with your eyes, okay? All right, you can blink your eyes out. We're good with that one, all right? So, the second test, all right, is just going to be a walk and turn test, all right? So, what I'll have you do, can you imagine a straight line coming out of your left foot, about the about the width of your left foot? Just going on, continuing indefinitely. All right. So, what I'll have you just put your left foot on that line. Then put your right foot in front of your left foot, heel touching your toe. And hands down your sides. And just don't move until I tell you to do so. So, get back in the starting position. Now, I'm just going to instruct what you're going to do, okay? Cuz I want you to know what you're going to do before you just start doing something you don't know what you're doing, all right? All right. So, again, just put your left foot in front of your right foot. Or left on the line, right foot in front of your left foot, heel touching toe. And just don't move until I tell you to begin, okay? All right. So, I tell you to begin, you're going to take a series of nine heel-to-toe steps on the line, okay? Once you get to the ninth step, you're just going to plant your lead foot. You're going to take a series of small steps, you're just going to turn yourself around. Then you're going to return simply nine more heel-to-toe steps on that line, okay? You understand all that? All right. So, while we're doing this, you're just going to keep both hands down your sides. You're going to be watching your toes. Once you begin, don't don't stop until you've completed the test, okay? You understand all that? >> Yeah. >> All right. You may begin whenever you're ready. All right. We've got one more test, okay? So, the third test, we're going to start just like we did the last time, all right? You're just going to stand with your feet together, hands down your sides. And just don't move until I tell you to do so, okay? All right. So, this is just going to be the one-leg stand test, okay? So, for this test, what you're going to do is you're going to lift whichever leg you choose, either one, all right? You're going to lift it approximately 6 in off the ground. You're going to point your toe away from you. You're going to count by 1,000s. 1,001, 1,002, 1,003, and so on and so forth until I tell you to stop, okay? All right. So, during this test, all right, you're going to keep both legs straight. You're going to keep your hands down by your sides. You're going to be looking at your feet. And just don't stop until I tell you to, okay? All right. You understand all that? Okay. You can begin whenever you're ready. >> 1,001 1,002 1,003 1,004 1,005 1,006 1,007 1,008 1,009 1,010 1,011 2,000 2,100 2,200 2,300 2,400 >> And you may stop. All right. So, would you be willing to perform a preliminary breath test sample, which is just a roadside disposable into a tube into a Would you want to do to consent to that? >> Yeah. >> Okay. So, with this, you're just going to blow into the tube like you're blowing up a balloon, okay? Just a constant steady breath um until I tell you to stop. All right. Ready? And blow. Keep going. Keep going. Keep going. Keep going. Keep going. Almost there. You're almost there. There you go. You're good. You're good. All right. So, you can take the straw out of there. You just grab a hold of it and it'll pop out, okay? You can just put that in your pocket. All right. I'll give this back to him. Um and then So, you said you you were drinking around three. What were you drinking? >> Bud Light. >> Bud Light. And you said you had how many of those? >> Three or four. >> Three or four. All right. So, at this time, um based on my observations of your performance of the tests, as well as knowing your position and stuff like that, um I'm going to place you under arrest for driving while intoxicated, okay? >> Go and put your hands behind >> Put your hands behind your back. Just going to move your sleeve up here. I'm just going to lock these so they don't tighten up on you, okay, man? All right. All right. So, we're just going to go out to my car, okay? >> Yeah. >> Mine is the farthest one back, all right? You can go around the other side here. >> Yeah, I'll do that for you. >> Poke me, stick me, stick me, or stab me. Nothing else? All right. I know you got your hat here. Do you have anything else in your pockets or anything? >> My wallet in my back right pocket. >> In your back right pocket? Other than that, is there anything else you have in your pockets? >> No. >> Just some change? >> [snorts] >> We'll put all this in your hat, okay? So, your wallet is in your back pocket? >> Back right. >> Back right? Anything else in these pockets? >> Nothing. >> Nothing in your shoes or anything? Can I have your shoes? We're just going to hop in the seat here, okay? All right, guys, something I got to read to you, okay? >> Yeah. >> All right. So, I'm going to start with the first one, all right? With your Miranda warnings, okay? You have the right to remain silent. Anything you say can and will be used against you in the court of law. You may stop answering questions at any time you desire. You have the right to a lawyer and to have a lawyer present with you during any questioning. If you cannot afford a lawyer, one will be provided to you without cost. Do you understand each of these rights I've explained to you? >> Yes. >> Okay. And having these rights in mind, do you wish to talk to me now? >> I have nothing to say. >> Okay. All right, I do have to read you your DWI refusal warnings, okay? So, you're under arrest for driving while intoxicated and or driving while ability impaired by the use of drugs. Will you submit to a chemical test to determine the alcohol or drug content of your blood? >> No. >> No? Okay. Your refusal to submit to a chemical test or any portion thereof will result in the immediate suspension and subsequent revocation of your license or operating privilege, whether or not you are found guilty of the charge for which you were arrested. Your refusal to submit Your refusal to submit to a chemical test or any portion thereof can be reduced into evidence against you in any trial, proceeding, or hearing resulting from this arrest. Will you submit to a chemical test to determine the alcohol or drug content of your blood? It's a breath test, chemical breath test. >> I already did that. >> That's just a roadside preliminary one, that's not a Misdemeanor one, okay? The actual breath test will be done at the jail. >> Sure. >> Yes? Okay. All right, so I'm going to do I'm going to grab your stuff. Okay, I'm just going to go in my front seat. All right, I'm going to put your seat belt on first. Then we're going to get you down there and get to get a chemical test done, okay? >> All right. [ __ ] the police. >> Here's something. Can you log your vehicle in line? 1820 Yeah.