So, you want to take me to jail? >> I don't want to I don't want to take you anywhere. I want to make sure that you're safely able to operate your motor vehicle. Okay. >> Can I have someone else drive them? >> No, we're beyond that. Okay. You were driving there. There's a woman in your lap. There's somebody in the passenger seat. Yeah. We took responsibility for them and I want to make sure you're safe enough to drive. Okay. That's what I'm hoping to accomplish. Okay. >> Okay. >> So, at this point, if you want to put your cigarette out and I'll, you know, if with your permission, if you're willing to participate. >> Deny. >> You don't want to participate? No. >> Okay. Sir, is there any reason why? >> Yes, sir. >> What's that? because I don't want to participate. >> Okay. All right. Well, here's the deal. The state of Florida. Oh, hold on. Hold on. Hold on. Hold on. Hold on. Hold on. I'm not done talking to you yet. Okay. We're not marching away from me as I'm speaking to you. Okay. >> I'm going to let my bones. >> I've been very respectful to you. No respect to what I have to do here. Okay? Cuz I have to explain something to you. It's very important. Okay? I cannot make you do anything in the state of Florida. Okay? All I have right now are my concerns. >> I understand that. >> And and I'm going to explain this, but then you can make your decision. But I want you to make an informed decision. Okay. My concerns after making contact with you at the door of the vehicle. Okay. Your watery bloodshot eyes, your slurred speech pattern, the pattern of driving, which is abnormal to me. It's it's it's a it's a weird pattern of driving that I'm observing. Okay. Some of it explained by the passenger riding your lap as you're driving, which is another which is a side issue, not not what I'm concerned about. Okay. >> You mentioned >> that is actually what it was. >> Well, you've mentioned some alcohol. Okay. You had something to drink. Okay. But there's the odor. It's apparent to me that we've been drinking today. Okay. So, let me let me finish. Okay. The only way No, no, no, no. Let me finish speaking. Okay. The only way I can dispel my concerns that you may not be able to operate a motor vehicle is through the use of standardized field sobriety tasks. And if you don't participate, that's fine. But I have to make an arrest decision based on what I have, what I've observed so far, what have I explained to you. >> Okay, that's fine. >> And you understand that you still don't want to participate? >> No, I don't. >> Is there anything I can say or do right now to get you to participate in standardized field safety test? >> For what reason? >> Cuz I want to dispel my concerns. I don't want to arrest somebody that's not drunk, that's not impaired. >> I'm not impaired. >> Well, I have my concerns and right now you're not willing to show me that you're able to operate a motor vehicle. Okay. >> I'm not going to take your test. >> Okay. >> On the night of May 28th, 2023 in Charlotte County, Florida, a deputy from the Charlotte County Sheriff's Office pulled over a driver for erratic lane travel and continuous break riding, setting off a chain of legal decisions that would end in a DUI arrest without a single chemical test ever being administered. Under Florida statute section 316193, a person commits the offense of driving under the influence when their normal faculties are impaired by alcohol or a controlled substance. Critically, this statute does not require a breathalyzer result to support the charge. Stop. South call Gulf Stream. South call Gulf Stream. Zone two be on Florida. Adam Henry 94 Tom King H9 14K via AA. Looks like a Chevy pickup. I don't stay in the car. Yes, sir. How you doing? >> Very good. >> Deputy Schwarz County Sheriff's Office. The reason for stop is uh one we're kind of >> I understand. >> We're drifting kind of in the middle of the road and we're riding the brake. We're just riding that son of a you you okay? Yes, sir. >> The vehicle. All right. >> Yes, sir. >> Okay. Is there any reason why we're riding the brake? It's kind of unusual. >> Cuz she was sitting on my lap. >> Okay. All right. >> I'm full of tools back here from I see I see you got the workshop with you. >> Yes, sir. >> All right. Where you guys coming from? >> Uh right down the street. Uh Captain Jason house. >> Okay. All right. You have your license registration insurance? I do. >> Go right out. >> Can I step out? She's on my lap. >> Is it Is it easier for you to gather if you step out? Yes, sir. >> All right. Then go ahead and do that. All right, >> go ahead and do so. >> You want the window now? >> There's my license. >> Is this your vehicle? >> No, this is my father's vehicle. >> Father's truck. Okay. >> Yeah. Can you open it? >> There's a registration. >> That's a registration. The insurance if you have it handy. If not, I'll work with you. >> I know. I got my insurance on my phone. >> But it's not your vehicle. >> Yeah, it's my father's. >> All right. Go ahead. I tell you what. Go ahead. She just sit there for now. I'm going to just hang out right back here for me. We're already out of the vehicle. >> Just step back here. You can handle that. You don't need all that. >> All right. We'll hang out right back here. >> All right, man. Hang out here. Okay. I tell you what. I mean, like I said, my concern was the the lane stuff and everything. I understand >> riding the brake. It's a little unusual. And then uh that's going to be a warning for that stuff. Okay, >> I understand officer. No problem. >> Um hold on. Let me get by. >> You want him smoking? >> I don't care. >> I can smoke a cigarette, man. Smoke. It'll be a couple minutes. What's uh what's a good phone number for you? >> 813. >> Gotcha. Uh Mr. >> Yes, sir. >> I'm going try to drink tonight. >> Huh? How much have we had to drink tonight? >> I had one drink. >> How long ago? >> Uh probably about It was at Bambidas early. >> Bambidos? >> Yeah. >> But how long was that? >> About 2 hours ago. >> One drink two hours ago. >> Yeah. >> All right. Do a favor. It's right there. Like I said, man, it's warning for that stuff, but I got some other concerns. Okay. So, I'll be right back with you. Hang out. >> What did he stop you for? >> Huh? >> What did he stop you for? >> He said, you know, my wife is riding. She just met up with us. She's riding in the front seat. She was sitting on my lap. So, >> okay. >> Pretty sure you say I was riding my brakes or whatever. >> Okay. In the middle lane, but >> all right, man. >> Whatever it is, it is what it is. >> Yeah. >> All right, Mr. Chapman. Here's the deal. Okay. >> Yes, sir. >> I pulled you over for the lane stuff and riding the brake. It's kind of unusual driving pattern. Okay. >> Yes, sir. >> Made contact with you. You have a >> you have a woman sitting here driving. >> So that could kind of explain some of that. Okay. >> But also while speaking to you, you hopped out. You gathered your documents. You did everything you're supposed to. Okay. >> But the reason why I ask you how much you've been drinking, I can tell we've had some alcohol tonight. I can smell it. Okay. I can smell coming from your breath. I can smell as we're standing here. He'll smell cigarette. But >> I want to make sure >> I can put the cigarette out. So >> no, no, you put Yeah. Keep going. Well, I'll tell you. I'll tell you in a second. Okay. >> I want to make sure that it's safe for you to get back in your car and drive home without being impaired. Okay. I want to make sure that you are, you know, not impaired beyond ability operative motivation. Okay. >> So, the way I'm hoping to accomplish that is through the use of standardized field sobriety task. I want you to show me you're able to drive a car without being intoxicated. Okay. So, >> okay. >> With that being said, are you willing to participate? Show me you're able to operate a motor vehicle. >> Well, I mean, what is that what is that system? because so it's it's a couple of tasks and I'm going to explain and demonstrate each one of them as as we go forward. Okay. >> So, you want to take me to jail? >> I don't want to I don't want to take you anywhere. I want to make sure that you're safely able to operate your motor vehicle. Okay. >> Can I have someone else drive them? >> No, we're beyond that. Okay. You were driving there. There's a woman in your lap. There's somebody in the passenger seat. Yeah. We took responsibility for them and I want to make sure you're safe enough to drive. Okay. That's what I'm hoping to accomplish. Okay. >> Okay. So, at this point, if you want to put your cigarette out and I'll, you know, if with your permission, if you're willing to participate. I >> deny. >> You don't want to participate? No. >> Okay. Sir, is there any reason why? >> Yes, sir. >> What's that? >> Because I don't want to participate. >> Okay. All right. Well, here's the deal. In the state of Florida, Hold on, hold on, hold on, hold on, hold on, hold on. I'm not done talking to you yet. >> Okay. We're not marching away from me as I'm speaking to you. Okay. >> I'm going to let my bones I've been very respectful to you. No, respect to what I have to do here, okay? Cuz I have to explain something to you. is very important. Okay? I cannot make you do anything in the state of Florida. Okay? All I have right now are my concerns. >> I understand that >> and I'm going to explain this, but then you can make your decision. But I want you to make an informed decision. Okay? My concerns after making contact with you at the door of the vehicle. Okay? Your water bloodshot eyes, your slur speech pattern, the pattern of driving, which is abnormal to me. It's it's it's a it's a weird pattern of driving that I'm observing. Okay. Some Vict explained by the passenger riding in your lap as you're driving which is another which is a side issue not not what I'm concerned about. Okay. >> You mentioned >> that's actually what it was. >> Well, you've mentioned some alcohol. Okay. You had something to drink. Okay. But there the odor. It's apparent to me that we've been drinking today. Okay. So, let me let me finish. Okay. The only way No, no, no, no. Let me finish speaking. Okay. >> The only way I can dispel my concerns that you may not be able to operate a motor vehicle is through the use of standardized field sobriety tasks. And if you don't participate, that's fine. But I have to make an arrest decision based on what I have what I've observed so far. What have I explained to you? >> Okay, that's fine. >> And you understand that you still don't want to participate? >> No, I don't. >> Is there anything I can say or do right now to get you to participate in standardized field soriety test? >> For what reason? >> Cuz I want to dispel my concerns. I don't want to arrest somebody that's not drunk, that's not impaired. >> I'm not impaired. >> Well, I have my concerns and right now you're not willing to show me that you're able to operate a motor vehicle. Okay. >> I'm not going to take your test. >> Okay. I understand that. So, that being said, there's nothing I can say or do right now. >> Okay. Go ahead, put the cigarette down. Go ahead and put the cigarette. >> No, no, no, no. >> Hey, ch. >> Do not pull away. Do everything I tell you to. >> Florida courts have consistently held that officer observations alone, including bloodshot and watery eyes, the odor of alcohol on the breath, and slurred speech, can establish probable cause for a DUI arrest. This standard was affirmed in state v. Cliff House 771, Southern 2nd, 16. Decided by the Florida 4th District Court of Appeal in 2000. The deputy here documented exactly those observations. Watery, bloodshot eyes, slurred speech, and a strong odor of alcohol during a roadside contact combined with abnormal driving behavior. This totality of circumstances, as Florida courts require, satisfied the probable cause threshold for arrest under the fourth amendment of the US Constitution. Now, the driver was asked to participate in standardized field sobriety tests under Florida statute section 3161 932. The implied consent law applies specifically to breath, blood, and urine tests. Field sobriety tests are not covered by this statute, and refusing them carries no direct criminal penalty under Florida law. However, the absence of field sobriety test results does not eliminate probable cause if the officer's other observations are sufficient. The Florida Supreme Court established that probable cause must arise from the totality of circumstances, not from any single piece of evidence. A refusal to perform sobriety tests is simply one more observable fact the officer may consider. The officer in this encounter was transparent about his reasoning. He outlined his observations, explained the purpose of the tests, stated he could not force compliance under Florida law, and warned the driver that a refusal would result in an arrest decision based solely on what he had already observed. That sequence of communication is procedurally sound and legally significant after the driver refused field sobriety tests and was placed under arrest. The vehicle was subject to an inventory search under the Fourth Amendment. An inventory search conducted pursuant to a lawful empoundment does not require a warrant or the owner's consent. The United States Supreme Court established this doctrine in South Dakota v. Operan 428US 364 in 1976. The wife's argument at the scene that the officer lacked permission to search the vehicle because it belonged to her father-in-law reflects a common misconception about the scope of the Fourth Amendment during impoundments. Once a vehicle is lawfully impounded, law enforcement may conduct an inventory search as standard departmental procedure regardless of ownership. Following the arrest, the driver was charged with three offenses. Driving under the influence under Florida statute section 3161 93, resisting an officer without violence under Florida statute section 843.02 and refusing to submit to DUI testing under Florida statute section 3161 939. The charge of refusing to submit to DUI testing is sometimes misunderstood. Florida statute section 31619 39 makes it a secondderee misdemeanor for a first-time refusal carrying a potential penalty of up to 60 days in jail and a $500 fine. The license suspension stands independently as an administrative consequence through the DHSMV. The wife's claim at the scene that refusal cannot support a DUI charge is legally inaccurate. Florida courts have repeatedly upheld DUI convictions based entirely on officer observations and without any chemical test result. Refusal removes one source of evidence, but it does not remove the charge itself. >> Now, don't let him tow my truck. >> Well, let's said if you don't >> Hey, call my dad bomb page right now. >> All right. This is not going to get your vehicle removed on from the scene if you're going to act this way. So, I suggest you start being a gentleman again. >> I I was being a gentleman the whole time. Well, trying to walk away from me twice while I'm sitting here talking. >> I'm trying to let them know to get my >> And that's up to me. Now, isn't it? >> I can guarantee it's not up to you if I get out of jail tomorrow or not. >> Tonight. >> Whose truck is this? You mean >> call record? You mean ain't no record? >> Yeah, call. >> Call my daddy. >> Call Jason. Call my lawyer. >> Do not move. >> This ain't going to go well for you, brother. >> What do you mean? >> I promise you, bro. >> What do you mean? >> I own this stone. Are you on the side? >> Yeah, I own all the tarpon fishing around here. >> Go have a seat. >> Go have a seat. >> I need a I need a husband. [screaming] OW. >> HAVE A SEAT. >> Record it. He's me up. >> Have a seat. Have a seat. >> Get in the truck. >> I'm not getting in this truck. I need to go to the hospital. >> Have a seat. >> No. I got I I have panic attacks. I need my asthma inhaler. >> No, >> I need my asthma inhaler. >> You're going to get >> I'm not even fighting you guys. >> Sit down. >> Sit down. >> Sit down. >> I need my asthma inhaler. I'm having anxiety attacks. >> Sit down. >> I'm having I need to go to the hospital now. >> Get down. >> No. I can't breathe. I cannot breathe. I cannot breathe. >> I can't breathe. Roll. >> I can't breathe. I can't breathe. >> I cannot breathe. >> Have a seat. >> No, I'm not. >> Have a seat. >> I can't breathe. I have anxiety. >> Have a seat. >> Have a seat >> right now. Hey, right now you're very close to getting char. >> You're going to get charged. >> I need to go to the hospital. >> Going to get charged with resisting. >> For what? I'm not resisting. >> You are resisting arrest. >> I'm in handcuffs. >> You are resisting arrest right now. >> You're getting arrested. You're You're now getting charged. >> BOMB ME UP. OH, >> GET IN. >> I NEED TO GO TO the hospital now. >> Put your leg in. He's going to tase you if you don't put your leg in. >> He's going to tase you if you don't put your leg in. >> I hope you do tase him. >> Put your leg in. >> I hope you >> put your leg in. >> It's all on camera. >> You're being recorded the whole time. >> Boy, >> listen. Listen, listen, listen. Get back in the car. It's over now. Okay. Call for a ride for you and her. >> I'm not even >> I can drive this car. >> I'm not let >> When somebody is arrested for DUI, the vehicle the vehicle gets impounded. >> This vehicle cannot get impounded. >> It is. >> Why? >> Who's who's the owner? >> They're saying that they're going to impound vehicle. It's not >> What's Who owns the vehicle? >> I'm on the phone right now with the owner. I'm on the phone right now with the owner. >> He can pick it up in the morning. >> Officer, can you talk to me? Yeah. >> Yeah. I'm I'm more than willing to talk. >> This is his dad's work truck and if it has to be it has to be >> That's what the emotion car the way he WAS JUST ACTING. NO. >> YEAH, BUT IT'S NOT EVEN HIS CAR. >> That's That's another part of the reason. Okay. So, >> it's not even his >> They're towing the car. >> He has really bad >> apparently we have to get him right cuz they're towing the car. >> Do you have anybody nearby? There's nothing that anybody can do as of right now. Calm down. >> Is there anybody nearby? >> Uh, our captain's right around the corner, but uh, I already tried. >> Listen, gentlemen, get treated the correct way. >> Hold on. Wait. The owner of the car on the phone right now. >> Irrelevant. >> It does not matter at this point. Okay. >> It's his vehicle. I don't understand. He's on the phone right now. >> Yeah, he's on the speaker right now. >> Hey, um, >> he's asking to come get his vehicle right now. And they're they're going to impound the vehicle and I'm trying to calm this situation down. So >> Okay. >> Okay. Uh I'll give you a call. >> Should I at least talk to my husband? That's my husband. Can I? >> Yes. >> Go right ahead. >> All right. Is that okay? >> Yes, sir. >> Do you do you have any evidence? >> Yeah. >> What's the evidence? >> Baby. Baby. Go >> talk to your husband. Lock up the truck. Take the keys out. Lock it up. >> See See what we're not doing. See, we're not doing do not let her get near that truck. >> What are we doing? >> This is my >> Listen, listen, listen. >> I'm at least getting my bag. >> Get your stuff. Gather your stuff. >> Grab your bag. >> Nobody's keeping you from getting your bag. >> This isn't even his vehicle. You have no permission to search his vehicle until he says that you you can search his vehicle. >> He is. >> He is being arrested. The vehicle is being impounded. >> Okay. So, you have no permission to search his vehicle until we don't need anybody's permission. What do you mean you don't need I know the law. I've literally been through this once before. You need the owner's permission. >> No, we don't. >> How do you figure? >> I'm arresting him for DUI operating. >> How do you How did you do a sobriety test? Did you >> refused? He refused. >> Okay, that's a refusal. That's not a DUI. That's a refusal. >> Okay. >> That is not a DUI. >> You know more about than I do. CLEARLY, >> YOU'RE DAMN RIGHT. I've been through this before. >> All you do the same >> where it's the same. It's the same thing over and over and over again. You think that you know >> what's your name? >> I don't need to give you my name because I'm not under arrest. >> I'm trying I'm trying to talk to you like a person. >> Okay. Well, my name is Mrs. >> Okay, Mrs. You need to call for a ride. >> And if you want to talk to your husband, you're more than welcome to. >> I I don't I don't understand. I've never seen you do any sobriety test >> cuz he refused. >> He refused. That's a refusal. Therefore, if anything, this will get dropped down to a reckless driving. That is it. And I hope to God you all know this. >> Yeah, that's between the lawyers, not us. >> So therefore, you cannot arrest him for a DUI if he is not if he has No, no, you can arrest him for refusal. That is what it says on the back of your license that if you refuse, that is what the you get. >> Do you want to go to jail? >> No, sir. >> Then you need to stop arguing, grab your stuff, and call for >> I need to make sure that I have my phone. >> You need a light, ma'am. >> I need to make sure that >> Is this your phone right there, ma'am? >> Where >> is that your phone right there? Is it on your wife? >> Yes, sir. >> Okay. Now, do you have any further questions for me? >> Where is he going? >> The Charlotte County Jail on Airport Road. >> I believe it's 26601 Airport Road. >> May I get the rest of the out of my car or out of this vehicle? >> The rest of the What are you talking about? >> My keys right there. See that? >> You can grab your keys right there. >> Well, we need the key to the truck. >> You're towing it. What do you need the key for? >> Unless you want them to drag it up there. I mean, >> it's gonna It's bad for the vehicle. >> It's bad for the vehicle. >> So, >> so you want them to drag it? >> I mean, >> cuz they can just drive it up. >> Can I ask you whether it's a four-wheel drive, two wheel drive? Because I need to know, I'm sorry, frontwheel drive or rear wheel. Allwheel drive. Is it all drive? >> What What are you talking about? >> This truck? >> Yeah. I need to know whether it's all wheel drive or if it's frontwheel drive because see my last vehicle was rear was rear wheel drive and they were able to drag it minus the keys. I know I've seen them do it. So I just need to know exactly how I can get this towed safely and not give you the keys or if I need to give you the keys. But I need to know whether >> if you if you leave the keys for the tow truck guy. He can he can drive just the just the truck key. He can drive it up on the ramp. >> I understand that. But I need to listen. Okay. And I'm not trying to be disrespectful. This is not my vehicle. >> This is my father-in-law's vehicle. Therefore, I cannot give permission for anything of this vehicle. >> We don't need any permission for >> and I need I know you don't you don't personally need it, but I personally need it because I have morals and I have respect for people's property. And the fact is this is not my vehicle and I need to know. >> You guys were in it. So, >> what >> you had possession of it? That's all it matters. >> Was I driving? >> You were inside the vehicle. >> I was inside the vehicle, but I was not driving. Right. >> Correct. What do you What do you mean? Because the last time I >> Are you Are you telling me there's something in the vehicle that you don't want? >> Absol absolutely no. Absolutely not. >> Because that's what that's that's sort of the hint I'm getting. >> I understand that. But >> because normally people Someone's arrested out of the vehicle and there's nothing. You're not involved. Normally people don't act like this. >> I You're absolutely correct. >> You get what I'm saying? >> But I >> You're just raising my concern is what I'm saying. >> I understand. I literally just turned 31, right? So I've been out celebrating. I've been out celebrating, right? But I I have been told once before, right? Cuz I've gotten pulled over in my father-in-law's vehicle once. >> Do you want the truck key or you want them? She doesn't want to give up the truck key. >> It's going to get dragged up. >> That's what I said. >> Whether regardless, >> I'm just I I'm only asking you because it's going to prevent any damage. >> May I hit this? >> I don't care what you do with that. >> I'm just saying. >> I'm just asking you out of respect. >> I I appreciate it. I'm just saying >> we asked for the key. >> Yeah. >> So, we don't have the dragon. But I need to I need to I need to ask my father-in-law. >> You can do what you want. If the tow truck gets here and you don't want to give the key up, it's getting dragged. It don't matter. It doesn't matter to me. It's no >> It's no issue on my end. >> Like I just need to call my father and ask my father. >> You can go call him right over there. Okay. >> Yes, sir. >> Take you to jail. You close the doors on. >> Yeah. Tell my dad call the lawyers now. I want all y'all's names. Every single one of y'all. >> Y guys know fetches. >> You guys know the fetch is making. >> Okay. You're going to know. >> You're going to know tomorrow. >> I promise you. You're going to know. >> I shouldn't be on her wrist. >> You're just making this worse on yourself. >> How, brother? How? >> You're going to go to jail regardless. >> I don't care. Then take me now. >> You're going to >> take me now. Why am I sitting right here? >> We got stuff. >> Take me, book me, bomb me, let me out. >> Okay, >> now how easy, how hard is that? Can I ride with you to the jail? >> No. >> Let these people deal with >> I'm the supervisor. I got to stay here. >> Really? >> Mhm. >> So, how about you supervise your crew and tell them not to go to them truck that don't belong to me? >> Well, it's an inventory search because it's getting towed. >> Oh, in Oh, it's getting towed. >> Correct. >> No, you guys are going to need so much money. I didn't even get a breathalyzer. Nothing. You guys are on the roadside. >> Yeah, you just assume. That's good. That's really good. >> Okay. >> I'm a yacht builder, boogie. Booker grind turban fishing yachts. >> So, good. What they do? Find a little roast joint. >> They don't care about that. >> Yeah. Why would you care about me just driving with my wife on my lap? >> I think they're more concerned with you driving impaired. >> Yeah, that is real concerning. But they don't know I'm impaired. >> Correct. >> That makes a lot of sense. >> Correct. That's >> That makes a lot of sense. >> That's based on observations. >> Observations. Oh, he looks like a gangster. >> You don't look like a gangster to me. >> Yeah. If I was black, do you say that? >> No, probably not. >> Probably. Now look, look at my hands. They're backwards. Can you fix these, please? >> Why did you flip them in front of you? >> Can you fix them? >> Yeah, we'll fix them. >> We don't have to drag them. >> Hey, look. Calm down, please. >> Hey, call the buns, man. >> You want me to do something for you right now? Can you do something for me? >> Calm down. >> You're backwards. >> Please. Ain't nobody else in this whole situation except that Tubby did anything to you. So, stop yelling. Stop yelling at everybody. >> The other skinned cop was nice. >> I know. >> Everybody's been nice to me so far. I ain't had a problem. >> I told him straight up what was going on. Everything. >> What is it again? I'm sorry. >> Okay. And it's going to Sterns. >> I'll talk to him real quick. >> Okay. He's going to talk to you. >> Hello. >> Hi. This is Deputy Mer County Sheriff's Office. Do you want to speak with me? >> Yes, sir. >> Uh, do you know where Sterns is? >> Yeah, right. >> Oh, you live in town? Okay. All right. Um, so Sterns is I don't know. >> Yeah, you can. If you Google Sterns auto service, it'll pop up. >> I'm not >> I'm not riding with >> Hey, Bubba, listen to me. I'm not riding with this guy. >> Okay. >> Hey, listen to me. I'm not lying to you. >> Hey, you're going to ride with >> I'm not riding with that. >> You're the one in cuffs. You're going to do what the they say. You can about it all day. >> Baby, you going to come pick me up? >> Yeah, we'll bring a limo. >> Did you guys order an Uber? >> Can I at least give my husband a kiss, please? >> Through here? Yeah. >> Through here. >> You better give me a kiss regardless. >> We'll get you out. You >> see that? >> Well, where the else am I going to see? >> Where's my dad? Where my dad? All right, we got to move his cuffs back. >> Hey, I'm not riding with that guy. I'm telling you right now, dude. You guys are going to pull over. Have to pick me up again. >> We'll do it cuz he doesn't like shorts. >> I need him searched. >> Where's your uh >> You ain't searching me, fat boy. >> I need him search. >> You ain't searching me. >> You ain't going to touch me, fat boy. >> I'll step away. I'll step away. You need your feet? >> You ain't going to touch me. I promise you. Hey, Bubba. Touch it. >> Put them down. >> Oh, I guess you kind of >> I can't. They're twisting. >> Give me some light. >> Yeah, sorry. You're good, man. >> Look, my hands wide open, so you ain't got to worry about nothing. All right. >> Can you twist that one around? >> Yeah. >> I don't know. I don't They just let him out of the car. >> Okay. >> Hey, where's the local boss man? You guys know >> I can't tell you >> we're we're at GFream and South Access and Gam riding with this guy. Gulfream. >> South access. >> What is it back in Port Charlotte? >> Puna. >> Pun Gordon. >> Yeah, that's where our drill is, >> baby. It's in point Gordon. >> I can't wait to get >> your key. >> Hey, I need your car. >> Oh, okay. >> It will be. I'm not getting in that car. >> I'm not getting in that car. >> Go get yourself an extra charge. I've been cool. You have to get in the car. I'm not riding with this guy. >> Too bad. >> I'm sorry you feel that way, but you are. >> So, get in the car. But we're going to put you in the car. >> Come on. >> Dude, really? You're going to do me like I've been nice. >> I don't like this guy, dude. >> I understand. But you got to I was straight honest with this guy and he disrespect me. >> Hey, hey, this guy's this guy's been super >> He's awesome with me, but I'm trying to let him know you got five other officers here. Can I ride with someone else, please? He's going to do the paperwork and >> n then I need to go to the hospital. >> Okay. >> No, I can't breathe. I can't breathe. >> I can't breathe. >> I can't breathe. >> I'm not playing this game. Come on. >> I can't breathe. >> I can't breathe. I can't breathe. >> Stop. >> I can't breathe. >> Stop. Your dad's on the phone and the captain's on the way. >> Tie you up. >> No, we're not. It's fine. Come on. That's great. My lord up, dude. You're going to make You told me you weren't going to make me ride with this guy. >> Oh, that's my knee. >> Can you >> I got >> You're going to have a fun ride. >> Is this the truck? >> That's the one she gave me. Don't worry. We can drag it up. >> You're going to Yeah, you're going to get in so much trouble. >> Nah. >> Yeah, you are. I can't believe you don't understand that. 112. >> Even your cabinet said you don't know. >> I'll be out to the jail. Let them know adult mail. He's not happy. >> Yeah, you're going to learn. I promise you that. >> Why you speeding? WHY YOU SPEEDING? >> YOUR CALL has been updated. >> Now for the grades. The deputy receives a B+. The stop was legally justified based on observed traffic violations. The officer documented specific impairment indicators, communicated his legal authority and its limits clearly, and process the arrest procedurally. His tone throughout the encounter was measured and respectful, even as the situation became confrontational. Where the deputy loses points is the moment of physical placement into the patrol vehicle. The degree of force used during that transition was arguably more than necessary given the subject was already handcuffed and not actively fighting. deescalation in that specific moment could have been applied more effectively, reducing the risk of an additional resisting charge being contested later. The driver receives a D+. While he was cooperative initially, his decision to refuse field sobriety tests, then to walk away mid-con conversation, then to physically resist being seated in the patrol vehicle, escalated what could have remained a relatively minor traffic stop into a multi-charge DUI arrest. His knowledge of his rights was partial at best, and his application of that knowledge made his situation significantly worse. His claim that he had only one drink two hours earlier, combined with the officer's documented observations, created a factual dispute that could have been resolved in his favor through the field sobriety tests. By refusing those tests, he removed the only immediate tool available to him to demonstrate sobriety on scene and in real time. Every interaction captured on body camera carries lessons that apply far beyond that single night. What happens in these few minutes on the roadside has legal consequences that follow people for years. Here are five takeaways drawn directly from this encounter that anyone should understand before they ever find themselves in a similar situation. Lesson one, field sobriety tests are voluntary in Florida. Under Florida Statute Section 316 1 932, the implied consent law does not extend to physical sobriety exercises. Refusing them carries no direct criminal penalty. However, that refusal becomes part of the officer's probable cause analysis. And if other impairment indicators are already documented, it may not protect you the way you think it will. Lesson two, probable cause for a DUI arrest does not require a breathalyzer. Under Florida statute section 3161 93, Impairment of normal faculties is the legal standard, not a blood alcohol number. An officer who documents slurred speech, bloodshot eyes, the odor of alcohol, and abnormal driving has built a probable cause case that a court may accept without any chemical test result. Lesson three, refusing a breath test is a separate criminal offense in Florida under Florida statute section 3161 939. A firsttime refusal to submit to a lawful breath test is a secondderee misdemeanor with criminal penalties. Many drivers believe refusal only triggers a license suspension. It now also creates an independent criminal charge. Lesson four. Once you are under arrest, an inventory search of your vehicle requires no warrant and no permission. Under the doctrine established in South Dakota v. Opperman and consistent with Florida case law, law enforcement may search an impounded vehicle as a matter of departmental procedure. Ownership of the vehicle by a third party does not change this outcome. Lesson five. Resisting arrest without violence is still a criminal charge. Under Florida statute section 843.02, any physical resistance to a lawful arrest, even without striking or threatening an officer constitutes a first-degree misdemeanor. Refusing to sit in a patrol vehicle, pulling away from officers, or failing to comply with lawful commands during an arrest are all behaviors that fall within this statute. If you take nothing else from this analysis, take this. Your decisions on the roadside are not private. They are documented, timestamped, and submitted as evidence. The officer's body camera captured every word, every refusal, and every moment of physical resistance. That footage is what a prosecutor will play for a jury. Understanding your rights before you need them is not optional. It is the difference between walking away and being booked. If you found this analysis valuable, drop a comment below with any interaction or legal topic you would like us to cover. Give this video a thumbs up if it helped you understand how Florida DUI law actually works in the field.