get moving
[Applause]
is
hi what are you doing um we my friend um
she was in a
really and
um he asep cuz he it was fun and I guess
she went inside I just like woke up and
like 5 10 minutes ago you didn't wake up
5 10 minutes ago I just woke you up just
now yeah I just woke you up now yeah
okay um you asleep yeah well like really
really
woke I sorry okay don't don't don't put
it in
drive yeah that probably be a good idea
don't you
think
sorry
yeah she was supposed to D me
um who was supposed to drive you to ch
um Julie who's Julie Julie
she's
friend where are you coming
from um she had a couple things
do I supposed to go to the and I just
really my mom passed away mhm I'm just
trying to get in a better
mood she her go do a couple and we hung
at her house woke up the night um and
where where where's this friend of yours
live that you're at she done there okay
do you know where you're at right now
yes I'm up here by the high school um do
you realize that you're asleep at a stop
sign in the middle the road I know I
know so I was going to go back down go
this went to my other and go just go to
sleep in the yard and in the morning oh
okay but you fell asleep here
I okay have you had anything to drink
tonight no I have not okay well then
what would cause you to fall asleep at a
stop sign heater on well that doesn't
make sense the heater being on I mean
heater's on in my truck and I don't fall
asleep at stop
signs ien had enough sleep really my
mom you use any type of Leal
substances all right so give me a favor
okay we got to be honest with each other
now okay yeah okay cuz I I can tell you
you you've had something no not not
not you haven't had anything tonight
nothing nothing tonight you haven't had
any alcohol no I don't drink no fat all
no heroin no
meamin method you do method I have PL
okay and when's the last time you left
it would be
on the week and during the week okay so
when is the last time you used
method in the
morning didn't have anything to do
me know that
everything M so when's the last time you
use method on in the morning huh in the
morning in the morning yes okay and the
morning in the morning every morning
okay okay my
mother mm and I just having a hard time
I also
um trying to find a place to live mhm
cuz um she was okay so you said you took
Methadone in the morning okay so what
what morning are we talking about this
morning every morning this morning yes
you know what time it is right now
before okay so again do you do you know
what time it is I don't take a guess in
take a while guess what time in the
morning about 3:00 in the morning I have
no idea I'm just I know it's really
really late there's no cars I'm
M okay let me see your driver's license
real quick I don't have a driver Li you
don't have a driver's license yeah cuz I
was asking that's I had somebody driving
me
and so you don't have a driver's license
you drove from somewhere that way you
came up to a stop sign and then you just
fell asleep at the stop sign I was
trying to think of what what to do from
here you weren't thinking you were
asleep I drove past you thinking you
were stopped and went through a whole
another neighborhood and then when I
came back you you were still here asleep
I'm sorry I mean that's not very safe no
it's no definitely not just turn off the
car real quick for me just turn it
off awesome can I have the keys real
quick yeah turn the lights okay okay
well that's fine you can turn off the
lights but can I have your keys
yes thank you man I appreciate it hang
t let me pick up my Stop Sticks you know
cuz I don't really want God dang I got
the whole party out here how many of you
guys are out bro just three oh that dude
came back from uh
all oh
oh okay you doing okay I'm doing okay
you need any medical attention or
anything
um no okay what what's going on with you
um
okay [ __ ]
um my mom pass just really recently in
February and I having a hard time um so
I was my boyfriend
and my mom said I was able to go stay
with her until she passed away
uhuh where you coming where you coming
from right now my
friend
um I usually sleep out in the car you
usually sleep in the car yeah um don't
take to call you when I'm trying to save
a bit of money and everything to get it
all right and for me to drive right um
but I got to get a job or something
first I can partner wants talku you on
that side yes
sir all okay
so let's let's try this again okay so
how how much how I mean what what have
you used tonight cuz I really don't
firmly believe that um justen have a um
to um chemical
um like mentalness where I have um a
hard time
sleeping um I um take
medication the only thing I've been
taking is my meone I've been going up
I'm having a hard time the last
take so she
there I
have so I want to go to a
to uh
help
women been a little embarrassed cuz I'm
a grown
woman night time and everything I don't
know what to do with my life at this
point and I don't want to go my kids
because they're going kids
and and
stuff okay I've been through a lot but I
no excuse
[Music]
to my kid can have a house the what my
kids can
[Music]
do have a house job everything know I'm
proud of myself for being
I have got in the past couple
years
but I'm not very strong with so you know
you're not supposed to be driving though
right you know and and I'll be honest
with you andette your your story doesn't
really make a whole lot of sense to me I
mean I understand you're you're going
through some rough times and stuff but
your story doesn't really make sense to
me as as to what's going on tonight okay
um people who
maybe are tired or something they don't
stop at a stop
sign you know and then just fall asleep
I don't know how long you even been here
asleep at the stop sign I have no idea I
can tell you you were asleep for long
enough for me to drive by go through a
whole another neighborhood and come back
this way and still see you asleep right
at the whe okay and I couldn't tell at
first whether you were asleep or not but
then when I circled back around that's
when I saw that you were asleep right
and so your your story doesn't make a
whole lot of sense to me I mean you're
saying well I you know I'm tired and I
came up to a stop sign and and then the
he got to me so that's what caused me to
fall
asleep you know and then and then your
story's kind of all over the place about
where you at who what you're doing
exactly you know and so I'll just be
honest with you a lot of the things that
you're telling me don't make a whole lot
of sense right now you know what I'm
saying you know and I understand rough
times and people going through rough
times and stuff like that okay but I've
been doing this job for a little bit
okay
um so you know it it really is in your
best interest that you're honest okay um
because you're not supposed to be
driving you and I both know you're not
supposed to be driving you don't even
possess a driver's license you possess
an identification card right so you're
not even supposed to be driving the car
okay
so you did tell me that right away so
I'm going to I'm going to be honest with
you okay uh there there's no firearms
inside this vehicle or anything right no
no guns bombs Bazookas nothing like that
a bazook you have a bazooka
yeah okay so I'm going to I'm going to
be honest with you okay what what we're
going to do is we're going to wait a
couple minutes okay um I have one of my
DUI guys coming out here to talk to you
okay and then um he's going to come out
here he's going to talk to you okay and
then uh once he talks to you we we'll
figure out what we're going to do from
there okay so um so we're just going to
hang tight for a minute okay you go
ahead and just stay in your car okay I
got your keys so I know you can't drive
off from me
so over there in the floorboard over
there there like
a where is it
hello how you doing sleepy sleepy sad
why are you sad just things going my oh
okay not my way going okay so obviously
it's a little bit weird to be stopped
with your car in drive your foot's off
the
brake and you're just sitting in the
middle of the road right so that's why
we're here okay I'm s I'll just be
straight up with you uh I won't BS you
at any point okay um so I'm here I'm
with the DUI unit with the Sheriff's
Office okay um there are some concerns
usually when we find someone passed out
could be a medical thing uh could be DUI
could be who knows what right but we got
to try to do everything that we can to
figure out what's going on okay um have
you had any alcohol to drink today or
anything no I don't drink I can't really
save time I don't drink anymore no
drinking okay why why are you asleep at
the
whe um okay
so I I met a friend last night um I do
have a friend JY who lives down here
that's that way um I met a girl last
night at the
casino yeah last name and um just
talking I've seen her around before but
we never really talked and actually I'm
not sure thing um and she just telling
about her boyfriend and how things are
going in life and life so we had a lot
of things to come in MH
and um
so
um my brother was driving the
car waiting for him and waiting for him
and um we finally came back and I um
asked if she could drive I shouldn't be
driving
and um you said you asked her to drive
because what because I shouldn't be
driving my brother cuz I have a because
your license yes okay and
um and she said she need to do a couple
things cuz
she is has a daughter that she wants to
get back to and stuff you know how life
is okay blah blah blah um so
she she went a couple places today
um uh she try me on the phone how to try
to get help for the lcome housing and
stuff and we talked about our boyfriend
situations and she said that there's
a the domestic violence uhhuh thing cuz
my boyfriend and I just had that kind of
relationship my whole life uhhuh and I
just left from his house too because you
just left this house what time no not
just left recently oh you just moved out
yeah
let's fast forward to tonight okay
tonight okay so anyways we went out um
she went did a couple things we last
place we was Casino
uh-huh and um later little bit I've seen
um
uh I guess she R into her boyfriend or
whatever
isan
and um he they
they wer really aring but just whatever
okay and just we were talking in the car
like a long long time when I was just
sitting there and then he goes whenever
go home which is down there down here
down here where do you know the address
I don't know um Road and it's you can
either turn that way and go around that
spay or other way it's it's in the
middle and um
so what time did you leave their
house
um was wrong big old conversation long
long time um and he said he said not to
go to the casino or nothing and
he said to go
inside and think I just going to say
like well
come so where are you on your way to I
down here to
Julie uhhuh in the
M sleep there okay what time did you
leave your friend's house to go to
Julie
um my said fell asleep he said yes what
time did you get in your car and start
driving I don't know what time it was
okay do you know how long you were
sleeping here for it had been at least
20 minutes at least 20 minutes yeah
maybe so what I what I originally asked
you is why were you
asleep did you take any medications or
anything no I
just why are you so tired that you're
falling asleep while you're driving have
a
um when you don't see I forgot what it's
called
um I told is it called insomnia yes I'm
supposed to be a medication for that
uhhuh and it helps me sleep I stay up
and up obsessed with my depression have
you not been taking that medication I'm
trying to get back on it what medication
was it
um I forgot to name exactly
um I have a really hard name remember
braing things um because of all Mystic
violence and stuff okay
umic when the last time you took it it's
been a while um been okay like a couple
months when's the last time you took any
kind of drugs or
medication Friday say it again Friday on
Friday what' you take I smoked a couple
blues some blues on Friday yeah okay and
I
said just to waste of money and
do you know what today is today will be
Sunday morning okay and so on Friday
what time did you smoke those
Blues so I went to
um day after I went those
and 12:00 I smoke like I had like three
of them get 3 for 20 um okay from 12:00
to whenever just done 12:00 noon yeah on
Friday okay you use or anything um yes I
have used um when's the last time you
used that
was so bad memory it was last week last
week yeah okay and then you're are you
on the methodone program I am on the
methodone program do you go every
morning every um every morning yes did
you when's the last time you went Friday
and you get your take home
bottles oh you have take home bottles
weekend yeah okay and you didn't take
any of that tonight not tonight last
night um this morning what time this
morning um
[Music]
may remember around 10:00 this morning
you mean yeah this morning is in
Saturday morning cuz right now it's
Sunday morning yeah Satur Saturday
morning yeah I'm sorry I'm sorry go
ahead and come out here yes sir do you
have any weapons on you or anything sir
okay goad and step out here
okay what is
it I'm not right now not right now okay
I'll give you a drink in a little while
all
right all right we're going to go back
to where my car is it's right there in
the back okay yes sir I'll follow you
yes
sir oh you're this the one right here to
the right the SUV right
here so are you willing to do some
standardized filter righty tests for me
I just want to make sure you're not
driving imp pared okay yes sir going to
stand right here on my light
okay so I I know the drugs that you told
me that you've used recently uh the
methadone um any other medications that
you've taken in the past 24 hours or so
no nothing over the counter or anything
okay um as far as medical things I know
you said you had your insomnia do you
have anything else that you're taking
medication for no just I'm trying to get
on the right medications I haven't
started yet um just cuz my mom came up
my mom's desk came up I didn't tell you
I don't but uh um you mentioned it okay
um and I stopped talking to my my coun
for that okay and just been dealing with
all of that okay what is your dosage of
methadone that you 120 right now 220
milligram yes um I missed Monday uh-huh
of this week uhhuh
um so when you miss say that again when
you missed a day uhhuh
um they take you down 10 um
milligram mhm and
um I had also miss a couple days the
last week and so it was up and down um I
went I was at 200 this it goes up and
down when you miss space so I was at
200 last week and I went up on Friday
how much did you take yesterday morning
my dosage the bottle how much a bottle
of my dosage the regular dos2 yeah back
to 220 I okay I know you said you used a
week ago did you use it once or did you
um no I didn't use you've been using it
all week no no no yeah
I found that I don't need very much of
that to to affect me say that again I
don't need very much of it but to affect
okay so how much did you use a week ago
I was
it was this weekend oh was it was on
Friday Friday yeah okay so a day a day
and a half ago or so yeah um what
time I'm not sure it was during the day
during the day yeah
um
I smoke St and
um okay I know will last about 12 hours
or so are you coming down off of that
maybe that's why I'm so tired I don't
know
I'm
okay but I don't get sleep regular okay
all right go ahead and stand with your
feet together okay I'm not trying to be
offensive or anything how much do you
weigh um
ask um
um 190 180 how tall are you 57 okay what
that with your feet together with your
toes touching as well just like this
hands down to your sides okay okay do
you have any issues with your eyes no
other than
Vision no okay can you see the tip of my
finger yes you're going to follow the
tip of my finger with your eyes only
don't move your head do you understand
yes sir
okay you're a little bit overweight I'm
going to there's a a test where you're
going to be walking on a straight line
hill to toe
and another where you're going to be
standing on one foot okay do you feel
comfortable trying those tests okay my
Fe myet get SW I have that on up start
the okay are you willing to to try try
yes TR okay so let me know if you're
having issues okay for this first test
you're going to imagine a straight line
straight out in front of you okay okay
just imagine a straight line about the
width of your foot straight out in front
of you okay go and put your left foot on
that
line just place your left foot on that
line right in just right on the line
okay there you go and now you're going
to stand with your right foot in front
of your left foot touching Hill to toe
just like
this if this real Shake okay just try
your best yeah hands down to your sides
hands down to your sides okay you're
going to stay in that position until I
tell you to begin the rest of the test
okay okay it's going to work you
understand that yes
okay when I tell you to begin the rest
of the test you're going to take nine
Heel To Toe steps on that imaginary line
in front of you okay okay it's going to
look like this 1 2 3 I took three steps
you're going to take nine do you
understand okay watch me okay once you
make your ninth step you're going to
leave your lead foot on the ground
you're going to take a series of small
steps like this to turn and then you're
going to walk back nine Heel To Toe
steps on the same line okay it's going
to look like this watch me okay one two
2 three again I took three steps you're
going to take nine do you
understand make sure when you're taking
those steps they touching Heel To Toe
okay okay okay when you start the test
don't stop until you're done with the
test okay make sure to look down at your
feet and count you step out loud okay
and make sure to keep your hands down to
your sides during the entire time stay
like this now I'm sorry say that
again okay I had to stay just get back
in that position okay same yeah same
position so again
my leg just try your best I I I
understand just try your best okay um
and make sure to keep your hands down to
your sides during the entire test okay
okay do you understand the instructions
get into play body yep okay as long as
they don't come off your body like this
for balance just keep them down to your
sides okay uh do you understand the
instructions yes sir do you have any
questions no I just feel real weak my
legs I
have okay are you okay to to try the
test
yeah I'll try do you have any questions
no okay go ahead and
start nine yep nine Heel To Toe just
like I showed you and then turn how I
showed you nine
back look down at your
feet whoops
I miss
count out loud and look at your
feet sorry I so messed up keep
going I should be practicing this
five
6
7
8 just and then turn how I showed
you you tell me I'm so
sorry keep it going like that
you yep Heel To Toe just like I showed
you make sure to look down to your feet
count out loud okay okay then back again
back nine steps okay
you want going to are you done yeah okay
go and face me again this way okay go
and stand with your feet
together are they starting to
hurt starting to cramp up a little bit
yeah cold okay okay you want to keep
going yeah okay stand with your feet
together arms down to your sides
okay cold it's a little cold I know
you're going to stay in that position
until I tell you to begin the test okay
okay so for this test you're going to be
standing on one foot okay I can't but
it's whichever foot you want if you want
to use your right you can if you want to
use your left you can okay so you pick
the other foot you're going to raise
about 6 in off the ground just like this
make sure to point your toe so that your
foot is parallel to the ground you see
how I'm doing that m
keep your legs straight arms down to
your sides during the test once you're
in this position you're going to look
down at the foot that's raised off the
ground and you're going to count out
loud 1001 1,2 1003 and so on until I
tell you to stop okay okay make sure
that you're looking down at that foot
and make sure you're counting out loud
how I just explained for you to count on
me
I'm okay do you understand the
instruction
instructions okay I'm going raise my
which foot you whichever foot you want
it doesn't what I want it yep um so
you're going to be in this position here
with your leg both your legs straight
and your arms down to your sides okay
straight yep and make sure to point your
toe making a mistake but like trying to
keep them together like that though my f
is a little well no well right now
you're not right now you're just
standing how I told you to stand so
you're fine so feet together for me okay
yes oh yeah okay look at me see this
position see this position I'm in see
how my legs are straight arms are down
to your to my sides my toes pointed yes
okay this is the position you're going
to be in for the test okay okay once
you're in this position you're going to
look down at the foot that's raised off
the ground and you're going to count 1,1
1,2 13 1,4 1,5 and just keep going in
order till I tell you to stop okay okay
you understand the instructions yeah you
have any questions whatever
whichever foot you want I'm just going
to repeat myself okay whenever you're
ready okay just let me know can I check
which foot I would rather use
sure
stronger okay are you
ready yes okay go ahead and
start go feet behind B yep go and start
okay
who
okay you say to count toight till I tell
you to stop by
1,000
sorry thank really keep going you got to
count out loud how
1001
1002 1003 okay you can stop go and have
a seat on my bumper there just have a
seat on my
bumper you can just lean on it or if you
want to stand that's fine is that okay
what yeah that's fine what's your
highest level of education is ninth
ninth grade okay do you you know have to
count from 1 to
100 yeah do you know your
alphabet yeah okay uh do you have any
problems moving your fingers touching
your thumb to your fingers like this any
hand problems
um try
it can you touch your thumb to your
fingers it just hurts a little bit what
about your left hand um I've had HS I've
had in oh you've had surgeries okay no
problem we won't do that test then do
you have surgeries in this hand too no
in your right hand no it just hurts
carboo you have carbo Tel okay that's
okay so for this first test is a number
count test okay so you're going to start
at the number 52 you're going to count
backward and you're going to stop at
37 do you understand yes sir so what are
you going to start at 52 now what are
you stopping at 37 okay do you have any
questions no sir okay go ahead and start
um 52 57 52 51
50
49 48 47
46
45 44 43
42
41
40
39 38
37 okay okay this next test is an
alphabet test okay so you're going to
start instead of starting at a you're
going to start at C you're going to
recite the alphabet forward in order and
then you're going to stop at R okay so
start at C recite it in order forward
and then stop at r c do you understand
that yes sir okay go ahead and
start c d e f g h i j
k l n m
n o p q
i i okay go ahead and turn around that
way you're
sure
they say
again so I'm seeing signs of impairment
on you on you okay I'm not seeing any
signs of impairment of alcohol I'm not
getting odor of alcohol or anything but
I'm seeing uh signs of impairment of
possible drug impairment
okay okay let's go back here like a
trade s dist like just coming over
you're going to have a seat I'll have a
I'll have a heater on for
you
yeah stand right here just face my un it
okay you have anything on you no you
have anything in your bra no no pills or
anything nothing at all are you sure
CU if they find anything on you at the
jail chares yeah more charges and all
that
okay yeah you are you sure you don't
have anything on you I promise you I
don't not have nothing on me that
I what do you have in your you have
anything in your back
[Music]
pocket okay
okay if you remember that you have
anything on you let me know okay yes
sir want to have a seat can you close my
spitter a tiny bit thank you sir all
right s you should have about this there
you
go somebody need to do laundry
I'm not going to break that okay no
you're good put your feet in that little
cubby hole okay hold on I'm getting a
Chelly first bottom My
Cup going lean up on the sleep so I can
straight up my foot M to straight up the
cab okay you all right yeah I'll be
right a
bit all right listen to me I'm going to
read you something okay he listen to me
I'm about to tell you something
important you're under arrest for
driving under the influence of
intoxicating liquor or drugs the New
Mexico inite 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 test if
you choose to take this additional
independent test you have the right to a
reasonable opportunity to arrange for a
physician a license nurse or laboratory
technician or technologist who is
employed by a hospital or physician of
your own choice to perform an additional
no chemical test the cost of this this
additional test will be paid for by the
law enforcement agency do you agree to
take our
tests and
have
you have the right to yeah you have the
right to an independent test if you wish
oh so if you want that I'll give you a
reasonable uh time to try to find
someone to call or or something after
you take our breath test
I'm not really understanding to so this
is this is for the breath test okay this
is done at the Sheriff's Office this is
a breath tested test for alcohol in your
blood okay uh do do you understand so
far do you need me to read it
again um we just got a little confused
because it's independent tast and yeah
so all this is saying is after you're
done with our breath test if you want to
you can have an independent test done
that's whether it's an independent
breath test or an independent blood test
it's your responsibility to find someone
in order to do that but you'd have to
find someone who's employed by a
hospital a physician or a nurse or U of
that you know of to come and do that
independent test does that make sense
yeah so it's just another blood test yes
sir and that's up to you if you want to
do that do you understand yes okay so so
far knowing what I read to you do you
agree to take our
test
um the bir leg this yeah yes they do
okay I'm going to read you the rest of
this in case you change your mind okay I
cannot force you to take our test but if
you refuse you will lose your New Mexico
driver's license or non-resident
operating privilege for one year if
you're convicted in court of driving
under the influence you may also receive
a greater sentence because you refuse to
be tested do you
understand your right to speak to an
attorney or remain silent does not apply
to the requirement of New Mexico law
that you take a breath test do you now
agree to be tested yes sir okay open
your
mouth I have ha my my lips are getting I
got it my li lips okay open your mouth
lift up your tongue turn your head to
your right to your other right to your
right that way there you
go okay I'm going to buckle you yes
I'll turn I got it bro I got
it yeah I'll turn the heater on for you
okay sit up a little bit there you go
I'm
sorry all right I'll be right back okay
yes
Anette do you know you how to wore
it
um that's not not um from
September for what for unlawful taking
of a motor vehicle and violation of
protection order I was just in jail for
the I believe you already have yeah I
was just in on the 29th March
29th on my birthday because I had one it
okay uh it's still showing up it's
showing in our local
system sometimes they forget to take
them out oh my God so I'm not sure if
it's an NC but it's showing in our local
but I'll find out but you did go to jail
in March in much cuz it's showing us
from September last year yeah it was my
mom okay okay all right ready go and
stand up yes sir stand real close to
here oh my gosh you're going to take a
deep breath in and blow hard and steady
until I tell you to stop okay okay ready
deep breath
in there you go put your Li around it
there you go now blow
hard keep blowing keep going harder
there you go you're going to do the same
thing in about a minute okay go and have
a
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seat I'm drinking
i
m all right ready go and stand up same
thing okay
there you go blow hard keep going keep
going there you
go all right go and have a
[Music]
seat okay
ready you I know it's Zer Z but can you
tell me the results yeah so you blew
zeros yes so no alcohol which is what I
told you there when when when we were on
scene remember yeah I know
all right you see the so now well here's
what I'm going to ask you now
okay so I'm what's called a Dr it's a
drug recognition expert and so what I
want to do if it it's it is completely
voluntary it's up to you what it is is a
a whole bunch of other tests like we'll
do like the physical test kind of like
what we did on scene but then I do a
bunch of other tests I check your pupils
I check your blood pressure I check your
pulse rate I ask you a whole bunch of
questions um and then based on what I'm
what I'm seeing or not seeing during
those tests um I can come to an opinion
on what kind of possible drug categories
that you might be under the influence of
and that would be the only opinion that
you're looking for it's just pretty much
doing a bunch of tests to see what kind
of if there's impairment if there is an
impairment what kind of drugs that you'd
possibly be on um it's a bunch of tests
that usually takes about an hour
um like I said it's completely voluntary
are you willing to do
that like I said I haven't do nothing
since Friday I just don't want anything
to go against
me like I said it's voluntary I know the
test
might willing to do it I just not
sure say that again if I knew what the
test were
um might be my R you know I mean um I
just don't want anything to go against
me going fight de me to take
time
um I know the best B to um but so that's
what I want to say okay I'm not trying
to be difficult or anything okay no
problem so no you don't want to do the
test like I said it's totally volunte no
way it would help me right
no I mean it's just going to be tests
that okay you
know then no okay uh that's okay I'm
going to read you one more thing okay
before I do all my pible that right no
that's totally voluntary okay I'll I'll
notate it in my report that that I asked
you um and that you said no okay so
don't feel bad of course it's voluntary
I can't force you to do any kind of test
or anything like that okay
yeah I washed my card here I'm just I'm
just going to read something to you okay
yes all right listen to me I'm about to
tell you something important including a
right you have okay you're under arrest
for driving under the influence of
intoxicating liquor or drugs I'm
requesting that you consent to have your
blood drawn and tested to determine the
alcohol and or drug content of your
blood you have the right to refuse
consent to my request if you refuse to
consent you may face you you may you
cannot face criminal penalties for your
refusal okay do you understand that
right yes sir however that was not face
hey say that again that was not face not
face criminal
consequences however refusing consent
has other consequences in accordance
with the New Mexico implied consent act
and state law those consequences may
include losing your New Mexico driver's
license or non-resident operating
privilege for one year Additionally the
fact that you refused consent may be
used as evidence against you in court
okay do you understand these
consequences I understand what you're
saying agree with him but yeah okay if
you choose to take the or sorry
additionally if you consent to have your
blood drawn and tested you have the
right to choose an additional
independent test oh if you choose to
take this additional independent test
you have the right to original
opportunity to arrange for a physician a
licensed nurse or laboratory technician
or technologist who is employed by a
hospital or physici by of your own
choice to perform an additional chemical
test the cost of this additional test
will be paid for by the law enforcement
agency knowing your right to refuse
consent the possible consequences and
your right to an independent test do you
give consent to have your blood drawn
and
tested um no I'm not getting in trouble
right no I can't I again I can't force
you do you understand what I read to you
though yes so with the blood with the
blood side of of the whole testing
process I can't so if you refuse breath
it turns aggravated your your DUI turns
into an aggravated right you just did
that so when you refuse the blood test
it doesn't do that it doesn't turn it
into an aggravated but as it said when I
read it to you it can be used as
evidence against you
in my report and when it gets to court
it could be used as evidence against you
but but again there's no
consequences as far as it turning into
an aggravated DUI or anything like that
okay does that make sense okay do you
understand that I do okay still
consequen but not okay yeah okay do you
have any questions um no okay give me a
little bit okay okay
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