[Music]
Hello.
You have your license and insurance with
you?
 I do.
 Where are you heading to?
Home.
 Home.
 Mhm.
 Where you coming from?
Well, I went from Applebee's, but I'm
going home from I'm a manager, food and
beverage manager at the San Andino
Hotel. So, I went there first, went to
go get some food, and came home.
 Okay.
On my way home.
 Okay. Were you on your
phone or anything?
 No.
 All over the
road.
You were all over the roadway.
 Okay.
Okay. That's why I'm stopping you.
That's interesting.
 You're also going 55
and 45.
 That's interesting. I'm normally
really good with this. So, I had an
employee calling me. I was trying not to
answer the phone. Put it off to the
side. Um, didn't answer it, but that was
what was going on in in the meantime.
Okay. Okay. Any alcohol to drink today?
Yes, I did have a drink at the bar.
 How
long ago you think it was?
 An hour and a
half.
 Okay. What kind of drink?
 Wine.
Glass of a glass of wine.
 Mhm.
 Okay. And
you're heading back to work or going
home now.
 Go home.
 And where's home at?
I live re Rio um Rio Rancho River's
Edge.
Okay.
Any guns in the car?
 Huh?
 Any guns?
 No.
No. No.
 It's not against the law. I just
like to ask that.
 No, no guns in the
car.
 Okay. All right. Sit tight for a
second. Okay.
 Okay.
Bring Gordon. Step out here. I want to
make sure you haven't had too much to
drink before I let you go. Okay.
Promise. No problem.
 You're going in a
clear order?
 Yep.
 Okay. Any type of
physical injuries?
 I do have knee, right
leg injury.
 Okay. What's going on with
that?
 Well, it's been since I was 16. I
have I need double knee replacements,
but I'm pretty steady.
Okay.
 On um
 any type of traumatic brain
injuries?
 Yes, I have MS.
Okay. Is that a Is that a considered a
traumatic brain injury? What's
considered neurological disease?
 Okay.
Um, contacts in your eyes.
 Huh?
 Contacts
in your eyes? No. Okay.
 Okay. Go and
stand right here for me. Facing me.
Right here.
 Facing you,
 please.
 Okay.
Put your feet together like this. Okay.
And no contact, you said. Right.
 No.
Okay. All right. Can you see my finger?
Uh-huh.
 Just follow my finger with just
your eyes. Keep your head really still
for me.
Don't anticipate my finger. Just follow
my finger.
You're going fast. Okay.
There we go.
Okay. Anything in your mouth?
 My gum.
Okay. Go and spit that out for me.
 Spit
it out. Like throw it on the floor.
Sure.
 Okay.
 Let me see. Open. Okay. How
old are you?
 28.
 28.
 38.
 Sorry.
 38.
 Yes.
So, I'm assuming the knee issue is a
problem with you walking and balancing.
Yes.
 Okay. Um, did you graduate high
school?
 Yes.
 Where'd you graduate at?
Riverside, California, 2004.
 Okay. All
right. All right. What I want you to do
is count backwards for me from the
number 72. Count backwards and then stop
at the number 51 for me.
 71 70 69 68 67
66 76 75 74 73 72 71 69 68 67 66.
Is that where we stop? We wanted 66.
Correct. 51.
 Oh, sorry. 66 65 64 63 62
61
60 59 58 57 58 56 55
54
Okay. Um, you know your alphabet.
Say the alphabet in the correct order
going forward for me, but I want you to
start the letter I and then stop at the
letter Q.
I, J, K, L, M, N, O, P, X, R, Q, P, Q.
Okay. Um, last test we're going to do.
Can you touch each one of your
fingertips? Tip of your thumb like I'm
doing.
 That's actually where I don't
have feeling much in my hand is in this
my extremities and hands. So, what do
you want me to do? C
 can you just touch
each one of your fingertip tip of your
thumb?
Yeah, you can do that. Is it easier with
that hand?
 No, I'm left-handed, so it
is. Yeah.
 Okay. So, you So, you can do
this.
 Yeah.
 Okay. I'm going to
demonstrate a test to you, then I want
you to do it. Pay close attention to
what I'm telling you to do. If you have
any questions, just ask me.
 Okay.
 You're
going to start with your pinky and end
with your pinky,
 touching each one of
your fingertips to be your thumb like
I'm doing now, but I want you to do it
in this fashion and count out loud for
me. It's going to look like this. 1 2 3
4 4 3 2 1
2 3 4 4 3 2 1
 Doesn't matter which hand.
I did that test two times. I want you to
do it three times.
 Okay.
 You understand?
Yeah.
 Which four which which hand you
going to do? 1 2 3 4 4 3 2 1 1 2 3 4 4 3
2 1 1 2 3 4 4 3 2 1
 Okay. Um, you are in
no condition to be driving the vehicle
and you live on Clear Water?
 Yeah, I
What do you mean I'm in no condition?
Just what I said. You're in no condition
to be driving. How? How? Oh, here.
 Okay.
Um, when I came up on you, you're in
that far left lane. Okay. And what
caught my attention is when I was coming
up on you, you went into my lane.
 Okay.
So, I break and then I slowed down and
then you kept you twice you went into
the turn lane like you were going to go
left.
 I've never been in this area
before. So, I'm going home on a way I'm
not going normally.
Okay.
 I'm coming from a different area.
So, go ahead.
 Okay. And then you're
going
 I'm I'm following a GPS, okay,
 on
my phone.
 And then you're going 55,
which is not egregious, but you're
speeding. And then when I go to stop
you, um I was trying to stop you way
back there by 520 in Northern.
 Okay.
 Or
excuse me, 520 in S.
 It's okay. So, we
kept driving and then I kind of was
like, oh, she just wants to pull off the
roadway. And then when you pulled off
the roadway, did you notice that when
you turn into here that you jumped over
the median?
 Well, I did feel it. Yes, I
did feel it. I did. I did. And I I I got
nervous. Yes, I
 I smell alcohol on you.
You admit to drinking.
 I did have a
glass of And I'm admitted.
 And then the
test I've given you.
 You're not
breathalyzer.
We will.
 Okay.
 Okay. Um
 cuz I I am very
very very cautious about how I drink and
what I do when I do go out and drink. So
I'm very cautious about that. I'm I work
at the casino. I'm a food and beverage
manager. I'm I try to m maintain that I
do the same thing when I go out and
drink. So I'm I'm kind of little thrown
off about this, but I did go out with a
friend, stayed home with her for a
little bit, hang out at her house. I'm
But I had the same amount of drinks I
would have had. So
 wherever you were
drinking, you drank too much.
 No, I took
my medication.
 Be drinking with those.
You're not allowed to not drink.
So when you get the bottle, it says make
sure you drink alcohol with these.
 No.
No. Oh, no. Sorry.
 Okay. Cuz I just
asked you that and you said
 I said No,
you said are you allowed to drink those?
It doesn't say you're not allowed. No.
So yes, you are not supposed to operate
heavy machinery. But I have not But I
have not drank that since I got home.
I've drank that since last
 You shouldn't
be operating heavy machinery.
 But I
didn't take my meds yet. Since I haven't
taken them since I got home. Um, put
your hands to your front like this.
Okay. So, you're arresting me?
 I am now.
I am.
 Okay.
 Okay. Are you going to be
cool with me or do you want the
handcuffs in the back?
 Of course I'm
going to be cool with you.
 Of course.
 I
I have to make a determination if if if
I feel safe for you to drive from here,
and I don't. Okay. What I don't want you
to do is leave the lane, hit the median,
and then possibly lose control.
 That's
not ever going to happen with how I feel
right now. Sir, I'm sorry. You're
getting the wrong impression on
 I'm not
getting the wrong impression.
 Okay.
Okay. Do you have anything in your
pockets?
 No.
 Can you check?
 Pro?
 Well,
am I allowed to touch them? Absolutely.
I I don't. I promise. Promise.
 Okay. Do
you have a cell phone in there?
 I have
my work and my a personal.
 Okay. Okay.
Come on over.
 And I have my badge for
work.
 Okay. We're not We're not going to
take any of that.
 Well, no, but if it's
going to get towed and I can't go
 I'm
going to take the cell phones out for
you.
 What about my badge?
 And then we'll
leave the badge in there. We're not
going to If it gets towed, that means I
won't be able to get it later.
 Okay. We
could take the badge, too.
 So, let's if
you cuz Yeah, that would help me,
please. Cuz the
 So, it's inside my It's
inside my um armrest, sir.
 Okay. Yeah,
we can get there. That's not Come on
over here.
 Are you taking care of any
small children right now?
 No.
 No. Yeah.
Okay. Come on over here.
You
 want to have a seat right here for
me? Uhhuh.
Super short ride,
 but plug that seat
belt into your left hip right there.
Thank you.
Who do you live with at home?
 My
parents.
 Parents. Okay.
Okay. Go and step out here, please. Can
you unhook that or you want me to do it?
Sorry, I didn't know how to open.
 No,
you're good.
We're going to walk towards that gray
door right over there.
 Okay, go. Okay.
How'd you mess your knees up?
 I've done
it since I was six from my first
surgery. Soccer.
 Soccer.
Come in here.
 Go to your right.
We're going to go in through that door
that's straight ahead to your left.
And once you get in there, go left.
Okay. That chair.
 Yes, please.
 Okay. You
want me to sit,
 please?
Can I leave my legs straight?
That's okay. It's not good.
Okay. Bri, what I'm about to tell you is
very important. So, I need you to listen
to me. Okay.
 Yes, I am.
 First of all,
you're under arrest for DWI. The New
Mexico Applied Consent Act requires you
to submit to a breath test to determine
the alcohol content of your blood. After
you take our test, you have the right to
choose an additional independent
independent test.
 If you choose to take
this additional independent test, you
have the right to a reasonable
opportunity to arrange for a physician,
a licensed nurse, lab tech, or
technologist who is employed by a
hospital or a physician of your own
choice to perform an additional chemical
test.
 Okay.
 The cost of this additional
independent test will be paid for by a
law enforcement agency. Do you agree to
take our test? Our test is going to be
the breath test,
 which means the blood
blood and breath.
 No, I'm asking you to
do the breath test.
 Yes.
But I'm agreeing to do the blood as
well.
I'm not asking you to do to do blood.
Okay.
 I'm just asking you to do breath.
Okay.
[Applause]
Okay. Have you ever done one of these
breath tests before?
 Yeah. Okay.
Uh, when I tell you to, you'll stand
now. Grab your mouthpiece. Take a really
deep breath in. Blow into the machine
until I tell you to stop. You'll have to
blow for about 3 or 4 seconds. Just make
sure you have a tight seal around this
portion of the mouthpiece.
 Okay.
 Okay.
And if you're blowing correctly and
giving it enough air, you're going to be
hearing a tone like that coming out of
the machine.
 So, just keep that tone
going until I tell you to stop.
[Music]
Come over here.
Deep breath. Blow until I tell you to
stop. Keep going. Keep going. Keep
going. Keep going. Don't stop. Good.
Good. Good. Have a seat.
You'll be down here for about
45 minutes.
And that'll take you down to the county
jail right down the street.
And there's a possibility you'll either
get out this evening or in the morning.
grab your property and your phones and
while I'm doing the paperwork on this.
Can I get my badge from my truck?
 Yes, I
would.
 I'll let you I'll let you use
your phone and stuff while I'm doing the
paperwork.
 Thank you, sir.
Am I allowed to know what that said
right now?
 We have to do it twice.
 Okay.
And then we'll let you know.
 No problem.
Thank you.
Okay. Run set up.
 Yeah.
The exact same thing.
 Same thing. Just
like we did before.
 Same exact thing.
Deep breath. Lower.
Keep going. Keep going. Keep going. Keep
going. Don't stop. Keep going. Keep
going. Keep going. Good. Good.
Okay. Do you know what the legal per se
limit is? 0.08.
Yeah. Yeah. 08.
 Yeah.
[Music]
You are
188.18.17.
I think this forever actually
listening to music on my cell phone. Is
it? I can hear it.
Okay, come on over here, please.
Come in here and go to your right.
 And
there's a comfortable bench right there
on the right. Just have a seat right
there. Yes, ma'am.
 Come front or back?
Does it matter?
 No.
Um,
anything else on your person at all?
 No.
So, the only thing you have is this.
Mhm.
 Um, do me a favor and put that ring
right here.
 Okay.
 And we're obviously
not going to keep that, but we can't
have rings in there. And then there's
nothing else in your pockets at all.
 No.
Okay. And you don't have shoelaces, so
you're good. Do you have a belt on?
 No.
Okay. Come on over here.
I'll put you in here and then I will um
I'll go grab your phone for you. Okay.
Okay, have a seat right there and I'll
grab your phone.
 Thank you.
Want a blanket to sit on?
 Okay, sir.
 You
sure?
 Promise.
 Okay. Okay. Give me like
30 minutes. I'll get you out of here.
Thank you.
Yes, please.
Go to that bench again. Just have a
seat. No.
my rings and stuff.
 Yes.
And phones.
 Mhm.
All this.
 Mhm.
[Music]
Okay, want to set up? Let's put your
hands to your front again.
Okay, come this way.
Yeah.
regular.
 Yes, ma'am.
 Okay.
[Music]
Snap it,
 please.
Bernie, you need to do me a favor.
You need to get some help for your
alcohol.
This is not
I know, but
you had a DWI last summer it looked
like. Huh?
 No, I was under the limit.
Where were you at?
 I was under legal
limit. I was think
I told him I was drinking. I was on
this.
Okay.
But
at a 0.18,
that's
quite a bit. And I I honestly think
we need to uh
get some help for that.
Yeah. And and then when you're sad,
alcohol is a depressant, so it's going
to make you feel worse.
You can go step out here.
Can I?
 Yep.
Yep.
Walk right over to that door right
there.
How long did you play soccer for?
Oh my gosh. From the time I was four
years old till 17.
My daughter plays college soccer.
Come in here and go to your right. Okay.
Right there.
Took me on purpose to my right leg.
 I
believe it.
 Go through.
 No, just
I scored full girls that came
championship game. We're about to go to
Hawaii. It was amazing.
That's one of the only places
that I've never been.
[Music]