Will you take the test? >> You're asked me to go to the hospital and take a blood test. >> We will transport you to the hospital to take the test. >> I don't understand. Can I take a field test first? >> So fieldy is only going to show you so much. You're you're stating all of these medications you took. We need to blood is what's going to show what medications I took. >> Absolutely. To know if you're driving with something other than that. It's going to show alcohol level. It's going to show your narcotics, your whatever medications you're on. >> You say that you you've taken >> one of each and you took the prescribed amount. days. >> This should be, >> but at this point, you're driving under medications that you shouldn't be driving under and mixed mixed medications on top of it with open alcohol in your vehicle that is still cold. The straw still has liquid in it and you were slumped over the wheel. So, I'm giving you all the all the basics of what's going on here. >> So, you read? >> No, I'm confused. And I will um >> Okay. >> Um >> I wait. Okay. Okay. I don't refuse. Okay. I just You >> I don't refuse. >> You had the option. >> I don't refuse. >> You refused. >> Are you kidding me? I don't refuse. >> You refused. >> I Please don't do that. I I I will get I will >> No, you you can't. >> We can't do that. What you want to >> now? You lose your license because you >> now it's a one-year automatic suspension from the Department of Highway Safety Motor Vehicles. >> I did not know that. >> You definitely have been drinking cuz I smell it now. And I had CO. >> Now that you're away from the car, we can smell the alcohol. >> CO Now I can I can smell it on your breath. >> I did not know that it was it was me going to jail. >> It doesn't matter what it is. >> Feel soriety. It would be the same thing. We're not going to give you the what's going to happen. So, it makes you determine what you're going to do. It's you answer the question. But, you know, whatever you answer the question as. >> Oh, yeah. >> Okay. I will go to I will go to the hospital. >> It's too late. You're going to jail. >> On November 3rd, 2024 in Florida, a woman was found slumped over the steering wheel of a running vehicle in a parking lot with an open alcoholic beverage within arms reach. What followed was an 18-minute encounter covering three distinct areas of Florida criminal law, ending with a 120day jail sentence that was at several points entirely avoidable. The first legal issue is actual physical control. Under Florida statute section 316.193, a person does not need to be driving for a DUI arrest to be lawful. The statute requires only actual physical control while impaired. A running engine, a driver in the seat, and visible impairments satisfy every element of that standard, even in a stationary vehicle. >> So, you haven't been taking your medication. Why would you sleep at the wheel right here? >> You show me 439. >> Hold on a second. So, you may have to um smell it cuz I can't smell. So, I can't smell any alcohol if you >> How's it going? My name is Officer Hansen. So, from what I heard, you were over here sleeping. >> Yes. >> Is there a reason you were sleeping in the parking lot? >> I have the blood sugar and I mean, I I even explained that to the um the right to >> Where's your husband at right now? >> He is in um >> What's that? >> He's open this alcohol. >> This is alcoholic beverage, right? >> Yeah. So, I'm just going to be straight up honest with you. >> It doesn't matter. So, let me be honest with you right now. >> You were in constructive possession of this vehicle. You had an open container. You can go to jail for a DUI right at this exact minute. So, it's best to be honest with us right now so we can figure this out. >> I mean, >> because the vehicle's running. You're in the driver's seat and you had an open container. >> I mean, where is your husband? Call your husband. >> You have >> Jackson. He's in Jackson. You have extremely slurred speech. >> Have what? Have you been drinking or is it your medication that has you slur? She normally has slur speech. >> Why is your speech slurry right now? Like the first time I we we dealt with you. Have you been drinking? Have you been drinking and taking medication at the same time or was it just your medication? >> It's just my medication. >> Just my alcohol, bro. >> I mean, you blood like I I'm blood. >> So, what medication did you take? the Xenex cuz I know you on the Xenex and all the other stuff. >> So, what have you taken today? >> I can smell it. >> Yeah. >> Mhm. >> So, I can smell alcohol coming as you speak. I can smell alcohol coming off your breath. >> You can give you can give me a a test. I'm not >> So, you said you have low blood sugar. Are you diabetic or anything? >> Yes. >> Do you need EMS to check you out real quick? >> No, I see. >> Well, you can't be driving like this one way or the other. you ain't going to be driving your husband because you're not leaving. You're not driving this vehicle. >> You can go to a jail for a DUI under >> narcotics and prescription pills >> to pick you up. So, either you find somebody to pick you up >> or I'm going to take you to jail and we're going to tow your car. >> One other two. >> Well, I'm going to do what I have to do. I have a job and a responsibility to keep the public safe. >> You have open alcohol in your car. So, you're saying if I went and I sent this straw to FDLE, they would say it's not your DNA on it. >> But she she said it was um >> She just told me it's not hers. >> You said you told them it wasn't yours? >> No, it was my >> No, you just told me it's not yours. You just told me a couple minutes ago this was not yours. It was someone else's. When I started talking to you, that's what you told me. >> She told me it was from last night, but she didn't drink it. I don't tell you that. But >> no, she just said it. >> She told me this was from last night and it was >> I'm sorry. I if I said that I I I promise you. >> So, what all medication have you took if you did not drink anything? Cuz I don't see >> poorly. >> I took the >> Yeah. VMS 51 for Eval on blood sugar. >> My subjects, my >> all at once. >> All at once. You realize some of those medications you're not supposed to drive with, right? You're not supposed to operate a motor vehicle. >> I don't I >> Did you take all that at once >> today? >> Is it cold? >> It's cold. >> Still cold. >> No, it's the bottom that's cold, not the top. So, you going to get checked out by um >> if they say your blood sugar is good, then I'm going to do a DUI. Going to check you for driving under the influence. >> Okay. >> And at that point, >> you got to get control of your your We told you that me and Officer Alfa told you that you got to get control of your your medicine that they they give you that you can't be mixing. You can't go overboard. It shows that you may have your addiction back to that. So, you need to get control of that because when I knocked on the glass, you woke up in time, but you you still were slumped at the wheel. >> Yeah. >> And you're the same way I see you from whenever you were at the house on your medication. >> Yeah. >> But you were hiding that the the the subutex and all that in in your in your purse and all that. Where's your son at? >> Why you always crying? But you This is your second the second run in I've had with you when you're you on your medication. I believe that you more than drinking, but I do believe that you are off so much of your medication like you were last time cuz it's the same way exact way you act the exact same way. >> Yeah. When I'm standing here, you can smell a little bit coming off here. >> I smell like a fruity smell. I'm not >> the fruity smell would be that. Well, >> I wish I smell Yeah, I smell something. I understand that. >> I couldn't believe your word cuz last time, you know, you you pulled a fast one on me at the house when you had to be texting me stuck up and stuff and all that. >> I couldn't Yeah. Wow. Makes a big difference. I couldn't trust you then, so I definitely can't trust you now. Have you been to court yet for the uh for the child that was filed against you from officer Alfred? >> No. >> Yeah, I got dropped. >> You think got dropped? Okay. Do you mind shutting your car off and stepping out here? Talk to us. >> So you got spared the first door up. You got spared that time and now you back in trouble. >> Walk up to the front of the car there. Yeah, she's she's under something. You got to get that medication under control. >> So, you realize you can go to jail for a DUI under medication, too, right? >> Yes. >> If it says you're not supposed to operate a motor vehicle, it means you're not supposed to operate a motor vehicle. Yes, sir. >> You probably So, >> can you can you follow me? >> Not a chance. You are not driving that car. I will take you to jail before I dare do that. That is the >> dumbest question you can ask me as right now. >> So, quit crying. So, when you got out of your car, you stumbled. You stumbled up here. So, at this point Oh, yeah. There you can >> I haven't I've got enough surgery on my head. >> I understand, but crying and all this other stuff is not doing you any justice. Come back over here. >> You're trying to show us that you can walk. Well, that's past point. >> Yeah, it's already done. You've already showed us enough that you're abbreviated, >> you know. Not too much. So, she was found slumped over the steering wheel in her car. Up on top of the car is alcohol. >> She's claimed that she has like her low blood sugar and that's why everything. But >> you want to come in my truck and take >> So, we need that checked out. She doesn't need to go to the hospital. You just want a sugar check. You >> say So, she doesn't need to go to the hospital cuz she's sugar checked essentially. >> Pretty much. >> We're confirming. >> Yeah. So, >> where you going? Your car. >> She is. So, she's on a bunch of medications. She says park sets and all sorts of different things. She mixed them all. >> She recovered, but now they think she doesn't really want to help. Okay. >> Just stay up here. >> You got a paper? >> Yeah, I do. Which one do you want? the filled spryy. >> I have this is my personal kind of >> So, do you want to try some filled spriy just to see how it is and then request the blood withdraw? >> Because the blood withdraw is going to show all of the narcotics she's on cuz there's something if she's not drunk, she's on something super serious. We're going to see if she gets real quick. >> We're going to see. >> We'll do it at the hospital. Don't worry. >> At the hospital. >> Yeah, he's at hospital. >> You're going to take her? >> I'll transport her. >> So, I thought you said a friend can come and get me now. >> So, you said your blood sugar >> different for everybody, >> but your blood sugar [music] is in a great range. You were sitting here pouring in sweat. >> Pouring in sweat. >> You can see the sweat all over your chest. >> You can. >> So, here's what's going to happen. >> Sweat on my chest. >> State your name. >> Yeah. >> So, do you want to read it to her? >> Read it. Just read the first part and let her answer. >> I'm I'm going read something to you. I am now requesting that you submit a lawful test of blood for the purpose of determining it alcohol content and slash or the presence of chemical or controlled substance. Will you take the test? >> The second issue is implied consent. Under Florida statute section 316.1 932. Every driver in Florida is deemed to have consented to chemical testing when an officer has probable cause to believe they are impaired behind the wheel. This is not a request. It is a statutory obligation that attaches the moment a person gets behind the wheel. Refusal triggers an automatic one-year license suspension regardless of whether the driver is ever convicted of DUI. What makes this case particularly instructive is what happens when a refusal is immediately walked back. Florida courts apply the equivocal refusal doctrine which holds that an initial clear refusal once made is final. Attempting to revoke a refusal seconds later does not restore the right to test. The suspension is locked in the moment the word no is spoken in response to a lawful advisement. There is no takeback under Florida law. The third issue is the drug paraphernalia charge. Under Florida statute section 893.147, it is unlawful to possess any equipment used to introduce a controlled substance into the body in a non-prescribed manner. The subject voluntarily disclosed that she crushed buprenorphine tablets rather than taking them as prescribed. That admission combined with the instrument used constitutes paraphernalia possession under that statute. By her own words, this connects directly to the fifth amendment. Under Burkimer versus McCarti 479US 373, Miranda warnings are not required during a field investigation prior to formal custodial interrogation. Every voluntary statement made in that pre-arrest window is admissible. In this encounter, the subject provided the factual basis for all three charges against her through statements she was never obligated to make. >> You asked for me to go to the hospital and take a blood test. >> We will transport you to the hospital to take the test. >> I don't understand. Can I take a field test first? >> So fieldy is only going to show you so much. You're you're stating all of these medications you took. We need to blood is what's going to show >> what medications I took. >> Absolutely. To know if you're driving with something other than that. It's going to show alcohol level. It's going to show your narcotics, your whatever medications you're on. >> You say that you you've taken >> one of each and you took the prescribed amount. They >> should be. >> But at this point, you're driving under medications that you shouldn't be driving under and mixed mixed medications on top of it with open alcohol in your vehicle that is still cold. The straw still is liquid in it and you were slumped over the wheel. So, I'm giving you all the all the basics of what's going on here. >> So, breathing. >> No, I am confused. And I will um >> Okay. >> Um >> I wait. Okay. Okay. I don't refuse. Okay. I >> I don't refuse. >> You had the option. >> I don't refuse. >> You refused. >> Are you kidding me? I don't refuse. >> You refused. >> I Please don't do that. I I I will get I will. >> Nope. >> No. You You can't >> We can't do that. what you want to >> now you lose your license because you use >> now it's a one-year automatic suspension from the department of highway safety motor vehicles. >> I did not know that. >> You definitely have been drinking cuz I smell it now and I had co >> Now that you're away from the car, we can smell the alcohol. >> CO Now I can I can smell it on your breath. >> I did not know that it was it was me going to jail. >> It doesn't matter what it is. >> Soriety. It would have been the same thing. We're not going to give you the what's going to happen. So, it makes you determine what you're going to do. It's you answer the question. But, you know, whatever you answer the question as. >> Oh, yeah. >> Okay. I will go to I will go to the hospital. >> It's too late. You're going to jail. >> Can I Can I call my husband? I'll get out your stuff for you. >> Come on. >> You want a resisting charge? >> Can I please call my husband? >> You want a resisting charge that onto it so you can stay in there? >> Why can't I call my husband? Because I had surgery on this arm, sir. Please. >> Okay. So, quit pulling away. >> You're on a 43 or 83 real quick. >> There's some gloves in the back. >> I thought you said it was >> actually. Here we go. >> Up against the car. >> No. Now, I'm going to ask you this. Do you have anything on you? Because the last time I searched you, you had something inside of No, leave it there. Leave it there. Don't touch. Leave it there. >> I'm talking about as far as in your your private area in your breast. >> No, >> because last time you know you had it at >> Keep your hands out of your pockets. >> So, I'm asking that I clear that up and you told me no. Say no again. >> No. Okay. Cuz last time you lied >> straw. >> Straw because I do I take subutex and I do not like to swallow them. So >> that's a >> I crush them. Nope. You can test it. >> It doesn't matter. That's classified as paraphernalia. >> You can test it. >> Quit. >> It's It's the only way I can take my subex. I'm pretty sure >> that you can take it a whole lot more than that for $4. >> No, you have to let it melt under your tongue and I cannot. >> Can you show one whiskey fox truck 1015? >> Please. >> Am I missing anything in your bra? No, please let me change. Please let me change my mind. >> Not a chance. That's not how this works. >> It isn't tax and bills. >> That is not how this works. No way. >> We gave you the opportunity to be honest with us. >> I'm so sorry. >> N sorry does not buy it. >> So sorry. >> Stay in looking at the car. Sorry. Just not buy it. >> So sorry. >> Just so you know, DUI has a no bond. >> You do not get out of jail till you see the judge tomorrow. Your car is being towed at this point. >> Please, please don't do this to me. >> You did this to yourself. I I will I promise you I will take I will go take the question. >> I'm not playing this game. I asked you. We She asked you and I asked you once. You decided your answer was no. >> I didn't understand. I did not understand. I didn't understand that if I said no that I would go to jail. >> No one. >> Do you have a driver's license? >> I do. >> What does it say on the driver's license? Right. It says that if you refuse any test, it's an automatic suspension. No. It says it right on your driver's license. >> Come on, get in the car. >> Will you please >> get in the car? >> Can you grab my phone and my phone? >> I'll take your phone with you to the jail. >> Do you have preferred? Um, >> my son has repaid. >> I just asked that. So, where So, who was the lady that was just here? >> That was the bank worker. >> Bank. So, who's going to pick your son up since your husband's in Texas so that the coach and >> Can you please call her back out here so I can explain her what's happening? >> Does she work inside? >> Yes. >> What's her name? >> Brooklyn. >> Brooklyn. All right. >> Do you want me to take it or you said you're leaving? >> I can. It's fine. It's just it's easy and >> yeah if you want to go in I will get >> so right now >> what's that >> are you leaving right now? >> No no no. >> No no I we'll wait to get that stuff figured out right there so I can >> Yeah. Officer Hansen receives a B+. His welfare check was constitutionally sound under the community caretaking doctrine recognized in Katie versus Dumbrossski 413US 433 1973. He correctly identified the actual physical control doctrine, called for EMS to eliminate the medical alternative before escalating to arrest, and read the implied consent statute verbatim on camera, creating a clean evidentiary record. The deduction comes from a brief inconsistency in messaging, where the officer appeared to suggest a friend could retrieve the subject before ultimately proceeding to arrest. That mixed signal contributed to the confusion around the refusal. The subject receives a C. She did not become violent. She showed genuine remorse, but at nearly every critical legal juncture, she made the choice that maximized her own criminal exposure, and she did so entirely through voluntary statements. She named every controlled substance she had consumed. She admitted to non-prescribed use of a schedule 3 controlled substance. She refused the blood test, then tried to recant, locking in a one-year suspension with zero evidentiary benefit in return. Every charge she faced, she established through her own words. The right to remain silent exists precisely for moments like this and it went entirely unused. This case offers five concrete lessons. Each one addresses a mistake that shows up in DUI cases across the country with striking regularity and all five were on full display in this footage. Lesson one, a parked vehicle does not protect you from a DUI charge. Under Florida statute section 316.193, actual physical control is enough. Impairment plus access to the controls equals probable cause regardless of movement. Lesson two, a legal prescription does not excuse impaired driving. Florida's DUI statute covers any substance that impairs normal faculties, including Xanax, Percoet, and buprenorphine, even when taken exactly as prescribed. Lesson three. No. in response to an implied consent advisement is irreversible under Florida statute section 316.1932 and the equivocal refusal doctrine. Changing your answer seconds later does not undo the refusal or the automatic one-year suspension. Lesson four, you are not required to explain yourself during a field investigation. The fifth amendment protects voluntary statements as much as compelled ones. Silence is always the safer legal posture before an attorney is present. Lesson five, how you take your medication matters legally. Crushing a controlled substance in a way that departs from the prescribed method constitutes drug paraphernalia possession under Florida statute section 893.147, even when the substance was legally obtained. If this breakdown gave you a clearer picture of how these laws work on the street, subscribe to our channel. We analyze real body cam footage through the lens of constitutional and criminal law, so you understand the rules before you ever need