we could go on with the alphabet test counting test and finger dexterity test so my fingers you can see my hands been broken a lot what about your other hand my left [Music] hand Al is 56 an off-duty Albuquerque police officer was driving home from a friend's house when he was observed speeding and not maintaining a lane a sheriff's deputy pulled him over for the erratic driving behavior soon the Deputy started to hear excuses on why the off-duty officer could not do the DWI tests what's up man man how's it going why why are you driving like that might be a good driver what's that might not be a good driver you might not be a good driver you were going 80 mph where are you coming from bu out all minut how much have you had to drink nothing at all okay well so when I flipped around to catch up to you you were going 80 M an hour that's why I turned around um when I turned around you were failing to maintain your lane too you understand why that's concerning right okay where where you headed to home okay and you said you're coming from a buddy's house okay not going to drink over there um take your P off put your hands up here see the tip of my finger just follow with your eyes and your eyes only move toward me move toward me a little bit there you go okay give me a second what who do you work for I okay all right give me a second okay shut shut your truck off sir give me that key too you don't have a you have a gun on you uh there's prob there's one console just just don't reach for be in the morning all right what time you got to be at work okay all right sir all right you you have the keyy all right goty all right appreciate you pay tight what's your first s true it go ahead and hop on out real quick you're not under arrest you you know you know what's going on yes sir go go ahead and walk right back here any weapons on you or anything no sir all right walk back here true it hope you're speeding you fail to maintain your lane as I'm standing at the window I smell an odor of an alcoholic beverage now you're chewing gum um can you be okay can you be honest with me un let me know did you consume any alcohol at all that's what I'm talking about okay is there any reason at all that i' would be smelling alcohol in you no colone on okay um was anybody drinking at your your buddy's house that's where you're coming from no that's okay cool all right um I'd like to do a field sobriety test on you just to make sure that you're okay to continue driving um are you willing to go through a field surity test so I don't have my ankle brace on I broke my ankle on the gun you I broke my ankle and the gunfight is a cop my right ankle okay I don't have my brace on I also have ank light I have some instability my hips and everything else so are you not not able to do a standardized field sobriety test so I I totally feel safe to drive home but I I do have some injuries okay so so are you not able to do the standardized tests well of course there's alternative testing that we can do as well like what are Are you a yes I'm with APD okay okay um so that there's like there's the alphabet test counting test and finger dexterity okay um well and my hands been broke a lot but okay I have the alphabet okay um are you willing to go through the testing uh so what does it consist of so I would do the the normal hgn test with your eyes you're you've probably been educated on that I'm sure um and then because you have inabilities to walk and turn as as you're you're saying I believe you um we could go on with the alphabet test counting test and finger dexterity tests so my fingers you can see my hands been broken a lot what about your other hand my left hand so if anklin dist finalizes have you ever heard of that what's up I've I've ank spus okay never heard of that it's a rator arthritis condition come on come on back over here that's all your joint so your joint dexterity is not as good okay so are you not able to do a finger dexterity well where you're going like this with your fingers it's super bad rator arthritis and all your joints so it would definitely affect that until you wouldn't be able to do any hand movement that's okay I mean it probably mess it up a little bit yeah okay that's fine all right take take your hat off put it go ahead and put it right there could you put my thank you you so you still currently work for APD yeah I got to be at work tomorrow okay um all right sounds good um do me a favor let's let's stand right here face my vehicle oh you could face me right here this this will be good stand with your feet all the way together just like this yes sir all the way together just like this there you go hands to your sides St that position T instructed to do otherwise okay you see the tip of my finger right here yes sir I just want you to follow that with your eyes and your eyes only don't move your head or your body do you understand that test yes sir you have any questions about it no sir okay cool uh any recent uh head injuries tbis concussions I I did burn my scoll and parachute jump in the Army about how long ago it's been uh years eight years so nothing recent no okay I I still box and stuff but I shouldn't have a head injury okay okay sounds good [Music] so you're you're you got to follow my finger as far as far as it goes okay don't don't stop you see my finger yes sir okay follow it all the way over so you're getting ahead of my finger just just follow my finger make it and don't so you move your head a little bit we'll just follow with your eyes and your eyes on for so to follow my finger I see that you follow my finger but you're looking behind my finger um just because when I go to move it back your eye is still fixated on whatever is behind me do your best to follow my finger here yes sir [Music] okay go ahead and relax yes sir what do you have gum in your mouth yes sir spit your gum out what kind of gum is it so I chew like um it's my teeth I quit dipping so I have to always chew gum I always have gum in M okay okay all right do me a favor um what level of education do you have I went to the hospo okay do you know how to do you know your alphabet pretty good I I mean you're required to know your alphabet to be in law enforcement so I'm from Len so it's not as good okay you know your alphabet though roughly yeah okay um do you know how to count and count backwards yes okay um I want you to start with the letter G continue your alphabet without singing it until you hit T going forward yes sir do you understand the test yeah I don't know I I really am not it's embarrassing my my education level in Len is not not not that good but you made it to high school yeah through high school I mean you have to have your GED or at least high school diploma to be a cop right military service but do you have a high school diploma I I do but I I test out of school early s okay are you unable to do that test so what is the test again so I want you to start with the letter G continue your alphabet forward until you hit T without singing your alph better without seeing it yes sir I might get try that but go ahead do you understand it yeah a G4 to T without say yes sir okay GH i j k l m n o p t okay um do you know how to count backwards kind of yeah okay I want you to start with 68 and count backwards until you hit 53 okay can you do you understand that okay any questions no okay go ahead from 68 to Wi to 53 all right so 68 67 66 65 64 63 62 6 61 60 59 58 57 56 55 54 53 okay which hand do you have best movement then so I'm right hand dominant and I broke the corales really bad and then my left hand it still has ank doing that spinalized it really messes up the joints and restricts the movements there okay so which hand do you have best movement in so my right's going to be a little bit limited with like actually closing in but I could almost simulate but it would be a little restricted again easy question which hand do you have better movement I would say my right but it it's a little mangled if you could okay just take that in account absolutely I will um for this test I want you to start with your index finger and your thumb when I tell you to you'll go like this you'll go one 2 3 4 4 3 2 1 that's one iteration I want you to do that three times do you understand that yes sir do you want me to show you again yes um so when I tell you to you'll go one 2 3 4 4 3 2 1 that was one iteration I want you to do that three times yes sir okay 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 third generation okay so I've been doing this for a while I I know that you've consumed an alcoholic beverage today um how how much did you drink I hav been drink alcohol sir I have a PBT would you want to prove me wrong with the PBT no sir okay all right go ahead and put your hands behind your back Sir [Music] how's that on your wrists yes sir a farm in the move your hand here thank you oh this one you need loosened a little okay how's that that help a little it's still a little okay that one no I I I know that my whole finger fits in that one so and and this one this one feel okay this one feel okay all right I'm going to double lock him here we'll walk right here sir and face my vehicle face my vehicle right here a Razer in my pocket please keep that yeah uh razor ET Rosary oh Rosary yeah yeah absolutely anything else on you that would Pinch Me Okay this this the rosary yes can I yeah absolutely put around my neck if you would like I can put it in here if you're okay with that however you feel comtable do me a favor open your mouth lift up your tongue you have anything else in your mouth yes sir time is uh 23:46 so I'll have you walk back over here get you in the vehicle I I'm not far from here it'll be a 2-minute drive could you uh I have a scarf on could you cover my ears please a little bit Yeah Absolut thank you man I don't know if that really helps yeah if you give me some heat go go ahead hop in get you some he back here going to do here you're a big guy now no I know you have me if you give me two set hanging cups I'd appreciate it too yeah hop out I'm not far from here but I'll I'll we going um just just we have a saturation going on right now so we have our bat set up so place that on your head there and back down here what's that I didn't hear you yeah I I will dude everywhere there you go how's that better thank you s your hand you got a big old hand dude so thank you I'm not trying to make it wor anyone no I know dude yeah you're cool go ahead and hop in now sir got to read this to you so listen to me I'm about to tell you something important you're under arrest for DWI the New Mexico implied consent act requires you to submit to 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 a reasonable opportunity to arrange for a physician licensed nurse or laboratory technician or technologist who is employed by a hospital hospital or a physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by the law enforcement agency you're agree to take my test so a chemical test a blood test the the breath test I would like to do a blood test okay but not the breath test so I would like to do a blood test right now um but I'm willing to pay for it I would like to have a blood ignition come okay um so if if I decide to go that route then we can do the blood test but first first thing that I do is is breath tests so my question to you is do you agree to take the breath test so may I have a blood test in M of the breath test no sir so I would like a blood test okay um I can't force you to take our tests but if you refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested do you understand no okay I'll read it again I can't 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 are convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested you understand that did you explain that lay yeah so if if you refuse to take this breath test you may lose your non-resident operating privilege for one year and if you're convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested so basically if you refuse to be tested you may lose your license in addition to that you might receive a greater sentence because you refuse to do the breath test yes sir but I refuse um okay I'll take you over there I'll put you right next to the machine and I'll give you an opportunity okay and can I have an attorney what's up may I have an eternity yes but um you you're your right to have an attorney right now um you don't have you can't get an attorney right now this isy call attorney yeah that says 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 may have a blood technician we'll get to that point but we'll we'll get out of here for now right now may uh right now no first first order of business for me is a breath test all right sir thank you H tight okay I put two phones in a wallet okay there's a revolver it was had the five rounds in it okay five round the okay so I didn't see anything there was a there was a like the cardboard for a four pack of he Vis in the back but there was no containers it's just the wrapper you know the hardw part so no opens then no opens okay okay cool thanks a lot D all right sir I'm going get you you warm up I'm so cold so cold we're going right in there that'll be that door just stand at the left of it I'll open up for you lome [Applause] job have us there [Music] [Music] [Music] the off-duty officer was charged with aggravated DWI speeding and failure to maintain Lanes he is still employed by APD