[Music] welcome back to the Donnie Rapture Channel R always bring you fresh neverbe seen body cam footage today's body cam video takes place on January 27th 2024 and follows FWC officers as they stop a vessel for a safety inspection what makes this encounter particularly interesting is the captain of this vessel will be accused of voting Under the Influence but he will blow all zeros at the end of this video I think you did how's it going cap you can just leave it off we'll come to you all right okay it's easier that way when it's absolutely I'm officer Alvis Florida fishing Wildlife the reason we're coming to talk to you today is I don't see any fls on the port side of your boat what I don't see any registration numbers on the port side of your boat I see the sticker but no FL numbers okay I I can kind of see them here but they have to be contrasting colors we're going to come alongside just give us a second you guys having a good day so far so far yes sir Captain like I said I'm officer Al Florida fishing wild life you you can stay up there I I'll take care of the boat okay if you don't mind can I get your ID and your uh registration of the vessel please no problem good deal thank you newer yeah did you just get it or just renew it actually I renewed it a long time just put the sticker on if I can see um four life jackets on board and a fire extinguisher please and I'm I'm going to have the captain do it if you guys don't mind he's responsible for the vessel okay how long y'all been out today good deal awesome all right can I see a throwable and a sound producing device please all right Cool's here yeah type Four throwable Square cushion round throw ring that one I don't have you don't have that okay so come over here let me talk to you about this fire extin real quick so how you would normally test this is there's a little white button up top here that's how you would depress it that's also how you would use it okay so without that button here you can't actually use this any uh fish coolers on board any coolers no no no coolers all right I got one little plastic uh styrofoam but it's empty it's empty you might have we just see if there's any fish in it he fishes on they get to fish I think CH yeah it's my chips nice okay that's the biggest trout we've got today yeah good deal well you got to stay stocked up that's important all right okay well you you'll need to make sure you get one of those on board okay okay um Captain how much have you had to drink today I've had two drinks hours ago hours ago okay I'm on Mountain de Mountain Dews good deal I have a commercial license so okay I'm not going to screw that up all right well would you mind doing some field sobriety tasks just so I can check okay if you don't mind go and throw on one of your life jackets for me and I'll have you step over back here here Sirah I've got a similar type as yours I'll just have you throw this one on this one's dry all right actually before you do that go ahead and put that life jacket all the way on for me go and have a seat right here for me you just don't have any weapons or anything on you no all right just turn around let me just patch your waist down all right go ahead and have a seat for me all right just stay seated up I'll be right back with you this man is about to be given seated field soety tasks and if you're familiar with my videos you will know that these tests are basically designed to give the arresting officers enough evidence in court just in case the defendant refuses to give a breath blood or urine sample all right I'm going to check your eyes you're going to hold your head still and follow the stimulus with your eyes only okay you able to see that all right all right so like I said head still following with your eyes only do you understand y all right during the hdn test the officer claimed to observe what pretty much every other officer does lack of smooth Pursuit distinct and sustain the stagis at Max deviation and onset of nagus prior to 45° but later on in the video we will discover that a Dr will observe no hgn what I'm going to have you do is make a fist with both hands extend your index fingers and turn your palms forward okay it's going to look like this go and Scoot scoot back forward for me right there put your arms down here we're going to keep them out but not rest them on the chair okay okay okay all right remain in this position while I explain the test do you understand okay so like I said stay like that while I go through all these instructions don't fall along if you have a question please ask but just stay just like that okay all right when I say begin tilt your head back to about a 45 degree angle and close your eyes Okay 45° angle about like that you're going to close your eyes when you do it when I tell you to touch the tip of your nose with the tip of your index finger and immediately return it to your side okay it's going to look like this immediately return to your side all right this is the tip of your index finger this is the pad the sides and the fingernail the tip of your finger is going to touch the dime siiz tip portion of your nose and immediately return it to your side do you understand yes all right when I say right you must touch your right index finger to your nose when I say left you must touch your left index finger to your nose do you understand yeah all right go ahead and begin which one you want all right head back close your eyes left right left right right left all right go and relax the next task is to place your hands Palm to Palm with one hand up and one hand down okay it's going to look like this okay go ahead and do that remain in this position while I explain the test do you understand so just like before you're going to stay just like that while I go through these instructions when I tell you to begin turn the top hand over and count out loud one then turn the top hand back over and count out loud two counting only when the hands make contact one two one two one two repeat this speed up as as you go and do not stop until told make sure to keep your hands and fingers parallel at each Pat like this okay go ahead and begin so I count just one two one two one two one go ahead and speed up for me speed up two one two one two one two one two one two speed up for me okay go ahead and relax thank you you can go ahead and relax you can put your hands what I'm going have you do is make a fist with both hands place your left fist at the center of your chest and your right fist against your left fist okay it's going to look like this okay go ahead and get in that position for me when I say begin you must perform four tasks the first task is to count out loud from one to four while you move your fist in a step-like fashion making contact between your fists at each step and look like this 1 2 3 4 the second task is to memorize the position of your fist after you count to four clap your hands three times and return your fist to the memorized position the third task is to move your fist in step-like fashion in reverse order counting out loud from 5 to 8 and returning your left fist to your chest five 6 7 8 the fourth task is to open your hands Palms down and place them in your lap all right do you understand yes all right go ahead and begin one two three all right we're going to do one more task all right go ahead and stand up for me you got pretty decent balance all right let's try it turn around for me go ahead and Bend forward at the waist see if you can touch your hands behind your back all right you're being placed under arrest for boating while I'm intoxicated are you [ __ ] serious yes sir so on top of seeing indicators of alcohol impairment I'm seeing indicators of marijuana have you been smoking today I I I don't even go this marijuana I don't touch the [ __ ] all right any CBD no okay because I'm seeing indicators that you've consumed THC what where do you want a hair follicle piss test I don't care okay so what's going to happen is we're going to head up to our substation up here and I'm going to request a breath sample from you it's going to be your choice I'll read you some documentation on that and then depending on that there may be a urine sample requested as well I don't touch the stuff I have a son that does it and I won't even let him in my house live and this other boat's going to come take you guys Davis Island boat ramp is just at the end here they're going to make sure you guys get secured up there okay you guys cannot drive this boat okay if if you've had alcohol you could be in the same situation we don't want that right have a so operator go get the truck and trailer bring it around to Davis Island and you can get it loaded up and be on your way and that way you don't have a big toe Bill all right hear the toe just normal breath you I know you said don't do a deep one you right M good okay oh I was waiting for the thing to stop all right yeah all right same S as before all right go ahead all right good job keep going keep blowing keep [Music] [Music] so here just going to read this to you um your first sample was uh 0000 and your second sample was 0000 all right um and um officer Alvis was mentioning earlier that he's going to request a urine sample from you as well I'm just going to have to have something to drink go yeah and we'll get you your water so that way you can do that all right the point of all this is the breath sample that you provided does doesn't match what he saw that why did that guy freaked out on the boat with I'm like what the [ __ ] you talking about yeah have you ever been arrested before well my youngest daughter's 24 and it was before she was arrested okay before before she born and for if I may ask without having to go look it up on my computer one of them was Patty theft and was a child thing okay any drug or alcohol UI bu nothing like that okay all right I carry commercial license so I get okay cool as you just heard the man blew all zeros so the officer's next course of action is to prove that he's on drugs so they bring over a drug recognition expert to perform a Aid test during that test no hgn was observed like it was before although lack of convergence was observed in both eyes but remember folks hgn and lo tests are not scientifically proven to establish if someone is impaired or not and according to the Dr the subject was impaired on a substance other than alcohol and unsafe to op vessel which is unsurprising so the last time you took that medication that you prescribed was when did you say that again yesterday morning yesterday morning okay all right so you're showing signs of impairment I don't know exactly what's going on with you right is there any medically thing going on anything like that like any low blood pressure do you have anything like that any head injuries recently have my back injuries inj injes shoulder yeah okay all right so not providing a sample because you can't pee is also a refusal even if you give me another half an hour so we that's just it it's you got to you got to provide okay you know just can't go right now the reasonable amount of time has been given you've been with me for almost two hours now drinking water and still haven't gone okay if if you're going to do it and not mess around and just hold it I'm not if you're I'm not trying to hold it I want it I want this done okay it's less paperwork for me if you provide so we'll give it one more shot all right next the officers attempt to obtain a urine sample but after several attempts and bottles of water the defendant was unable to urinate and provide a sample which ultimately counted as a refusal charge all right man I hope your belly starts feeling better and again thank you for your cooperation all right that day the man was charged with voting under the influence and refusal to submit a urine sample and there's a solid chance this man's case will get dropped due to the lack of evidence but I don't know at this point if you guys like today's video you know what to do hit that like button give me some comments and if you're not already on the team why don't you subscribe I could use it [Music]