Close your eyes and touch your tips just to show me how easy it is on your camera. >> Okay, that's what I explained to you. >> No, you didn't show you showed me with your eyes open. Can you show me with your eyes closed? For officer safety reasons I cannot close my eyes. For safety >> to make sure that you're not you're not at any type of impairment as well. So can you do an example with your eyes closed? >> I can assure you that I'm not impaired, sir. Okay? >> How? Without showing me a complete demonstration. >> to go through the exercise? I am, but I want you to show me the demonstration before I do it. Okay, so you were you were driving the white car? >> Yes, sir. Okay, who was driving this one? >> Me. Okay, if you guys want to get your license, registration, insurance ready for me. My insurance is completely different from this car, but I I can give it to you if you like. Yeah, whatever insurance you want to jumped into moving traffic. Okay, I'm going to get into all that in just a few minutes here. I want to get all the basic information. >> my car. This is um the woman that I'm dealing with car and it's her boyfriend's car, I guess. Her old boyfriend's car, so they don't have all that. But we can get it if you need it, you know, but I'm just the one who is driving the car and I'm willing to take whatever statement whatever you take. You have your insurance is is on your phone or do you have any insurance for the car? >> My personal insurance? Is there anything you need to add to your statement about the crash? And I didn't ask you that you feel I should ask you No, you didn't ask me anything. I did ask you something. Yeah, that's all. That's all. Well, it's they they basically pulled out in front of us, you know what I'm saying? Because we we got into this lane. Yeah, but do you need to add anything else to what you already said? No. All right. I just need your insurance and I'll be out of your hair. Okay. I can give you my license plate and stuff like that. >> It could. What plate what company do you have? He has insurance. He does have anxiety. That's So you knew what company you have do you pay monthly? He's seeing his girlfriend he has insurance though. If we could all just be a little bit you guys are seeming to be pretty patient but if we could just be a little more patient with him, it'll come up. I'm also a driver for Clearwater, okay? I'm a traffic unit. Um so before I continue to talk with you I just want to let you know that the crash civil crash investigation is completed. Okay, I'm here to conduct a possible criminal side criminal violation, okay? So what I have to do is read you your rights, all right? This is a formality, okay? Am I being arrested? No. This is a formality. Am I being arrested? Nothing Nothing going on. Nothing going on from the civil investigation to a possible criminal investigation after we read you your rights, okay? Can I ask why we're being pulled Yep, I'll explain I'll explain to you, okay? Ma'am, if you want to stand over there for me, please. >> But I'm not being arrested, right? You have the right to remain silent. Anything you say can or will be used against you in a court of law. You have the right to talk to a lawyer and have them present with you while you're being questioned. Do you understand your rights, sir? Yes, sir. I do want to let you guys know that I am nervous I've been arrested prior. For what? Dumb [ __ ] that I beat probably I don't know. You from here? I'm from Tampa. I'm not from Tampa. I originally from Detroit, but yeah I recently from Tampa I've been in Tampa for a year. I don't I don't realize I didn't I didn't do anything wrong. I'm just nervous cuz I'm trying to think I'm just like it's going through my mind cuz I Last night we had a couple bottles this morning. Okay, when you say last night what when you when you're talking about like last night before midnight sometimes last night is a morning time depending on what you did, you know what I'm saying? Like for me I would >> I used to have my drink was probably like 2:00 a.m. 2:00 a.m. was the last time you had a drink? >> was in Valrico, Florida nowhere near here. Okay. All right. Read the master card solid alcoholic beverage on the Okay. Would you allow me to take a look at your eyes make sure you're safe to be driving? Yes, sir. Okay, let's do this. That's what we're going to All right, follow with your eyes eyes only without moving your head. Do you understand that, sir? >> Yes, sir. All right. Sorry, I keep my eyes open and getting dry so I'm blinking. But don't move your head. You're moving your head side Sorry. No, don't move your head side to side. Up and down now, okay? Just your eyes. Sorry, I can't get a second stretch cuz I'm nervous. You always just watch me just nervous, all right? Crazy, I'm just nervous as hell. All right, so keep your chin level for me. Yes, sir. Little bit down. There you go. Okay, tip your pen just your eyes only don't move your head. I have to keep it until you get all the way to my nose. That's the scary part though. All the way to your nose. I know I look weird right now. All right, so it's Ar- How do you say your name again? Arcade. Arcade, okay. So here's what I have. I am seeing some signs of impairment in your eyes, okay? I've smoked today, yes. Okay, you smoked marijuana? Okay. Not enough to not drive. Okay, I want to I want to make sure like I said you're safe to be driving, okay? Will you be willing to go through some additional field sobriety exercises for me? Have I done anything wrong? What do you mean? According to what you showed so >> So right now what I'm seeing, okay, are some what they call major indicators in your eyes, okay? I can smell solid alcoholic beverage on your breath. Your eyes are also glassy, okay? And a little red, all right? And like I said I want to get given the totality of this investigation so far I want to give you the opportunity to show me you're okay to be driving. Okay. Okay? By doing the exercises they can help dispel my suspicions that you're only impaired while operating a vehicle, okay? All right, you might keep your hands out of your pockets. You don't have anything in there, right? No. You can take everything off if you like. That's all So this next what I'm going to do is I'm going to have you I'm going to get set up over here and we're going to go through those exercises, okay? All right, I just want to make sure like it's not going to be nothing tricky like >> Nothing is tricky. There's no tricks here. So all I do is how these exercises work is I explain them to you. >> Like as close as you got to my nose anybody would look like crazy if you looked that close to your nose. >> I need to I will demonstrate it for you and then I'll ask you if you have any questions before you execute the exercise, okay? Yes, sir. So just hang tight. I'm with my partner here, okay? Do you have any physical defects? Um not worked all week I'm tired. I'm on a long work week that's about all. No physical handicaps or anything like that? Are you diabetic? No. Are you sick or injured right now? Do you take any medications prescribed to you by a doctor? No. Okay. Do you take insulin for any reason? No. All right, glasses or contacts? I wear contacts but I don't have them here at the moment. >> Okay, what's your highest level of education? Some college. So how many years past high school did you say you had in school? Two. Two years? Okay, have you consumed any alcoholic beverages in the past 24 hours? 24 hours? Probably so last night, yes. Probably so. Have you used any illegal drugs or narcotics including marijuana in the past When I tell you to begin We're good. All right, let's work this out, okay? When I tell you to begin you're going to take nine heel to toe steps down this line, okay? Okay. Okay? Yep. Okay, so like this I'll show you. One two three so on until you get to nine. So it's up here if I lift my heel up before I step. Let me explain it to you, okay? On your ninth step I want you to leave your front foot on the line, take your back foot off and make a series of small steps just like this to turn yourself around while pivoting on that front foot. >> Once you get complete nine steps, okay? All right. Now once you've completed that turn I want you to go ahead and return back down the line with nine more heel to toe steps. This back foot's going to be your first step I'll show you what it looks like again. One two three four five and so on until you get to nine. Mhm. While you're doing this I want you to keep your hands down at your sides. I want you to watch your feet at all times while you're walking. I want you to count each step out loud so I can hear you. And once you start the exercise I don't want you to stop until you completed it. Yes, sir. Do you understand the instructions? Do you have any questions? No, I'm just nervous and I hope that it doesn't count against me. Yes, sir. I'm just nervous, sir. All right, when you're ready you can begin. One two three four five six seven eight nine. Is that all correct? I'm supposed to turn around but this No? How do I turn around? >> Just like I explained it. I'm I don't Do what you remember. Do what you remember. I'm not sure if I'm doing this right, sir. I honestly not. I'm just turning around. Nine steps the opposite way. Get back on the line. One two three four five six seven eight nine. All right, you can relax. Did I do it right? All right. I I don't know if I turned around correctly. All right, so this next one is called the one leg stand, all right? So I'm going to have you put your left foot on the line. Remember I'm nervous so I'm shaking. Uh-huh. And your other foot right next to it just like me. This is going to be hard for me, sir. I've been working all week. I don't want you to sway. I don't want you to hop and I don't want you to put your foot down. Once again, sir, I'm telling you it's going to be hard. I'm looking you in your eyes. It's going to be hard. I've been working all week. All I can have you do is try your best, okay? All right, hold on a second, okay? Let me just finish the rest of the instructions. If you happen to drop your foot, which I don't want you to do, just pick it back up and continue counting where you left off. >> Yes, sir. You don't have to start over. So for example, I throw 1,005 and you lose your balance Once you bring your foot back up, 1,006, 1,007, 1,008, 1,009, and so on until I tell you to stop counting, okay? Do you understand the instructions? Do you have any questions? Which leg will you be using to raise up? You're going to raise your right leg and stand on your left? Okay. I will start my time when you pick up your leg and begin counting out loud. Until I tell you to stop counting. And watch your foot. You can stop. You can stop. All right. So, this next exercise is called finger to nose. finger Yep. So, you're already standing with your feet together, very good. Bring your hands up like this. Close them. That's okay. Bring your Do you understand the instructions? Any questions? Just like I explained. Yes, sir. Right? Are you able to do the exercise or not? It's just like I explained. Okay. That's what I explained to you. For officer safety For officer safety reasons, I cannot close my eyes. I I can assure you that I'm not impaired, sir. Okay? Are you willing to go through the exercise? I did that for It doesn't work that way, sir. I explained it, and I demonstrated it before you. Would you like to try it? Yes. Yes. And I explained it to you I'm not going to argue with you, sir. It's You can either They're voluntary. You can do this exercise or not. Are you able to do the exercise, doctor? Okay. Okay. Do you remember all the instructions? Do you have any questions about the instructions of the exercise? I did show you the example. Okay. Like I said, I'm not going to close my eyes for officer safety. Correct. It's part of the exercise, sir. Standardized exercise. All right. Do you have any more questions about the exercise? Okay. >> [clears throat] >> Remain in this position. When I tell you to begin, you're going to tilt your head back and close your eyes. Yeah, don't do anything yet. You're going to hear me say left or right. When you hear me say left, lift your left hand up, touch the tip of your left index finger to the tip of your nose, immediately turn it back down to your side in one fluid motion. When you hear me say right, lift your right hand up, touch the tip of your right index finger to the tip of your nose, and return it back down to your side in one fluid motion. For the purpose of this exercise, what I mean by the tips of your fingers, these are the tips of your fingers. These are the pads of your fingers, these are the sides. I don't want you using any of that. Use the very tip of your finger to the very tip of your nose. Do you understand the instructions? No. Your eyes will be closed, just like I explained to you. I want to help in every way, sir, but sir. Are you willing to do it? Then do it. If not, I will go on to the next exercise. I didn't ask you to begin yet, sir. Do you understand the instructions? I want to make sure you're 100% What don't you understand? My My camera's recording everything. What don't you understand? It's That's the exercise, okay? Are you willing to go through it? Okay. Go ahead and begin. Left. Right. Left. Right. Right. Left. All right. You can open your eyes. I have one last exercise, okay? You can relax. All right. That's all I got. One more exercise, okay? This one's called modified Romberg balance. It sounds a lot harder than it is. Okay? Do you understand the instructions? I'll time you 30 seconds. Once you feel you've gotten there, bring your head back down, open your eyes, say stop. Do you understand the instructions? Any questions? All right. Go ahead and tilt your head back for me. Keep those eyes closed. You can. And how much time was that to you? Um how did you get there? Just count one Okay. I didn't Some people just count Mississippis, thousands, tugboats. You can walk over here, okay? Okay. In front of my vehicle there. That way. Hands behind your back for me. I'm going to straighten everything to you, okay? Second time. I didn't say it. Now you are under arrest, okay? For driving under the influence, okay? As part of my investigation, a breath test, so you're going to provide me a sample of your breath to determine its alcohol content. Are you Are you willing to provide me a sample of your breath to determine its alcohol content? Yes. Okay. We'll We'll get you down there to the instrument, okay? Can you provide me a sample for me? Just provide me a sample. I got you. Why don't you keep I can hear you. Continue being that way. So, I said I failed. I passed or failed on the performance base, okay? You performed poorly on the exercises, okay? All right. There's a lot of separate several different clues that we're looking for in each exercise. Okay. Okay. But like I said, we're here because you said on scene that you wouldn't provide a sample of breath. During the car ride, you were saying that you don't want to unless you seek re- re- Listen to You like to seek legal advice. Um which you don't get when it comes down to implied consent, okay? It You You don't You don't get a chance to consult with with a with your attorney when it comes to implied consent. So, either you're going to do it or you're not going to do it. Okay? So, because of that, I'm going to read you something. This is called implied consent. I'm now requesting that you submit You are. Hey, I'm now requesting you submit to an lawful test of your breath for the purpose of determining its alcohol content. Will you take the test? As of right now, you're saying no, okay, without your lawyer. If you refuse to take the test I requested of you, your driving privilege will be suspended for a period of 1 year for the first refusal. Additionally, if you refuse to take the test I requested of you, you will be committing a misdemeanor of the second degree, if this is your first refusal, in addition to any other penalties which could be imposed by law. Do you still refuse to take the test? It's all recording. Okay. We'll take the breath test. So, 0.08, what that is is called per se law, that you are impaired. Okay? You're illegally drunk, basically. You're legally under the influence of alcohol, okay? So, >> [clears throat] >> with that's with that said, um the first sample you provided was a 0.091, and the second sample was a 0.092. So, you are over that limit. Traffic inspection? No, like I said, it's not pass or fail. They're performance based, okay? And that's on video. I can have a copy of it. Yep. It'll be in there. It'll be in the report and everything, okay? All right. Sorry. Well, we can understand her frustration.