Put your hands behind your back. Okay. You're going to be arrested for voting under the influence to a point where your normal faculties are impaired. Do you understand that? Yes. >> You let him go. >> He's going to jail, too. >> Okay. >> Why do we have to do that? >> Okay. You're you're boating under the influence to the point where your normal faculties are impaired. You can't be operating in a vessel when you've been drinking alcohol to the point where you're not able to make good good choices, good decisions, and you can't divide your attention. Okay? And that's why you've been arrested. Okay? >> Do you understand that? >> No. You know, that's not it. >> What is not it? >> You know, that's not it. >> That's why you've been arrested. Okay. >> You know, that's not it. >> What is it? >> It was not that bad. >> Not that bad. Okay. >> All right. We're going to take you back to uh Have you heard of Wildflower Park? >> Huh? >> Wildflower Park? >> No. >> No. That's where we're going to go and we're going to give you the opportunity to provide a sample of your breath so we can determine its alcohol content to see how much alcohol is in your system. Okay. Are you willing to give us a sample of your breath? I'm >> not going to do that. >> You won't do that? >> Okay. >> Okay. And this >> I'm sorry. I'm sorry. >> Oh, because you we're out here for everybody's safety, right? And and who knows what could have >> I do that bad. >> Yes, you're right. It was bad. You're right. It was bad. And that's why And I respected when you told me to slow down. >> We actually had to get on the PA and yell at you. >> Huh? >> We had to get on the public address system, the PA system, and and yell at you to come over to us after you like waved to us. >> Yes. As soon as you told us to slow down, I did it. >> Don't do this to me. >> Okay. >> You don't have to ruin my life. >> On April 28th, 2024, on a Florida waterway, Marine Pole officers stopped a woman operating a personal watercraft at excessive speed and without maintaining a proper lookout. She's not paying attention. >> No, no proper lookout. >> Pull the jet over here. Come here. Come here. Come here. Hey, >> bring this entity over here. >> Come on over. >> Are you buckling up your vest? >> Huh? >> Are you buckling up your vest? >> Yeah. What's that? >> Come on. Right up here. Come on. Right up here to the side of the boat up here. >> There you go. >> How you guys doing? >> Huh? >> How you doing? >> Good. >> Good. Good. Good. Okay. >> I didn't know I could do that. >> What's that? >> I mean, I went fast. >> You Yeah, you went fast. Yeah, you went fast. No. Sorry. >> Yeah. Too fast. Okay. >> Too fast. >> Too fast. Yeah. Too fast. 30 miles. Oh, you both. Yeah. >> You speak English, too, or Okay. >> Okay. Okay. Good. No problem. >> What's the problem? >> Okay. So, you understand what the problem was? >> You You said you went too fast. >> I told her. >> Yeah. Yeah. So, you told her? >> I told you. >> Okay. Gotcha. Whose jet ski is this? >> Oh, it's yours. >> Okay. And then you were just drive driving and borrowing it. >> Yeah, I was just enjoying it. >> Just enjoying it. Okay. Gotcha. So, is there a reason why you took over and started driving? Well, she asking me to drive. >> I just wanted to >> She asked you to drive after she got stopped by us. You're saying >> I didn't stop >> right now. We're stopping. >> Yeah, but before No, I didn't. >> No, that's us stopping you. >> Yeah. So, yes. So, when you guys when she got stopped, you she asked you to take over. >> Is that what you're saying? >> Right here. When you turn around, you grab the throttles. >> What throttle >> and the then the wheel? You grab the wheel, right? Okay. >> All right. So, just getting getting down to way. And where's the registration for your vessel? >> I don't have the me, but I have the >> a picture of it. >> You have a picture of it? Okay, sure. >> And do you have your ID with you? >> Sure. >> No, mine's in the boat. >> Yours is in the boat? >> I was trying to go to my boat. >> My wallet's got my wallet. >> What's that? >> My wallet. >> Your wallet? Okay. >> She got my wallet. Okay. >> Does she have a voter? Do you have a boater ID card as well or No, >> I don't think she does. >> No, it's driver license. >> Yeah, you have to have a voter identification card to operate. Okay. >> But he's But he's good because you're with him, but he's got the temporary. Okay. >> Yeah. >> Okay. >> No, no. I'm saying for future reference to let you know. Okay. >> Yeah. >> So, if you're by yourself, you need to have one. But right now, he's taking over for you. >> No, no, no. I mean, I mean, he's >> If he has one, you can drive as long as he's on the boat with you. You can't drive by yourself. >> Okay. >> Okay. >> Okay. >> By the time the footage ended, she was in handcuffs, charged with boating under the influence, facing a $500 civil penalty for refusing the breath test. And her own words on camera may have already sealed the case against her. The stop is 327.33 requires every vessel operator to maintain a proper lookout and travel at a safe, reasonable speed. Both costs were observed in real time, satisfying the Terry versus Ohio reasonable articulable suspicion standard. Once on scene, the officer detected the odor of alcohol. That single observation stacked on top of documented erratic operation is sufficient under Florida law to administer a boating field sobriety test, the marine equivalent of roadside sobriety testing. The boating field sobriety test uses four tasks adapted gaze estagmas. The finger to nose, the palm pat, and a hand coordination sequence. Each one targets divided attention, the cognitive function alcohol impairs first and most severely. >> So, so listen. Uh, fire extinguisher. We can see that fire extinguisher. Could you get that out for me? >> I don't know what that means. >> The fire extinguisher puts out the fire. >> Have it. >> Do you have a fire extinguisher? >> Oh, right here. >> Yeah. >> Do you have one? >> Yeah, I do. >> If she wants to come onto our boat so you can get it, she can. >> Okay. You want to just sit right here and turn around? >> So, I came Okay. And you just flip your feet. Flip your feet around. >> We just don't want you to fall. >> So I have one big problem. >> I'm sorry. >> When I was coming here, this came off. >> I almost like died on the middle of the on the sea. So this came off. >> Okay. >> Yeah, I lost it. You okay? >> I got you. >> I got you. >> You doing okay? >> Yeah. >> Okay. >> So, I lost the thing that was here. >> All right. >> The toe the toe guys, they helped me out. So, I don't know. >> Okay. Okay. You want to just close it back up? >> Uh-huh. >> All right. So, here, you know, we're out here for everybody's safety, right? >> Uh-huh. I know one of you lost it. I lost it. Yeah. >> You lost it. Yeah. >> So, whatever you guys want to do. What about the horn or a whistle? >> Do you have a horn or a whistle? >> The horn like >> horn or a whistle? Yeah. >> I have it over there. >> Okay. You want to check it? >> Grab it for us. >> Okay. Thank you. >> All right. Great. Here's here's the thing. We're like I said, we're out here for everyone's safety, right? When we see a violation on the water and I'm smelling the the alcohol coming from both of you, you know, that makes us we're concerned about your safety. Okay. We want to make sure that you're safe to be operating out here on the water. All right. So, what we'd like to do is run you through some field soriety tasks. Make sure you're okay to operate safely on these waters. >> Okay. Where are you headed to? >> I was just trying to get to the boat that I was. >> Okay. Got it. >> That's what I Okay. So, what we like >> I asked him to help me out because I was at the other boat and he had a jet ski. So, I asked him like to take me to the other boat so then I can go home. That's what I was trying to do. >> Okay. Got to have fun. be willing to do some field so we can make sure I've done it before and of course I don't have a license I've done it before. I just told him can I drive a little bit and I just enjoy it. It was not like something crazy but of course I know >> that I was too fast about it. >> You know that you were too fast and you asked him if you you asked him if you could drive it >> and then he let you drive. Okay. >> I mean yeah it's just my friend and it was literally like my boat was boyfriend boyfriend or no? He's my friend. No. No. Okay. All right. So, we just want to run you through some kills by tasks to make sure you're safe to be operating. You're okay with that? >> I'm not going to operate anymore. I'm not going to drive anymore. >> I know, but you were operating. Okay. So, we want to make sure you're safe. Okay. >> Okay. >> You want to just sit right here for me? >> You're right there. Sit down. There you go. >> Okay. Thank you. Appreciate it. >> Are you taking any medication or drugs? Of >> course not. Okay. Just had a couple drinks. >> Yeah. >> Just like everybody else in here. >> Just like everybody else. Okay. All right. So, I'm going to go through some general instruction position for you. Okay. So, I'm going to need you to please sit straight at the front edge of your seat like you are. And put your arms down at your sides. Good. And place your feet shoulderwidth apart so you are comfortable and stable. Are you stable? >> Yes. >> Okay. Don't move your feet until the tasks are over. Stay in this position and don't do anything else until I tell you to do so. Do you understand? >> No. >> Yes. >> Yes. Okay. >> Are you wearing any contact lenses? >> No. >> What's that? >> No. >> No. >> Okay. I'm going to check your eyes. You're going to hold your head still and follow the stimulus with your eyes only. Okay. And the stimulus is going to be the tip of this pen right here. See that light? >> Okay. >> You're going to follow it with your eyes and your eyes only. All right. >> Yeah. You okay? >> Pin right here. >> Yeah. >> Pupil size. Check for equal tracking. >> Don't move your head. Just follow with your eyes and your eyes only. Okay. >> Right here. >> Okay. Remember to keep your head still. Okay. >> All right. Ankle tracking is good. We're going to check for lack of smooth pursuit. Okay. Keep your head your nose straight on me and then your eyes are going to go to the side. Okay. Your eyes go to the side and your head stays still. Okay. Okay. >> You keep turning your head, it makes it hard for me. When you turn your head to the side, it makes it hard. Okay. >> Because you're doing this You're moving your head just slightly. And when you move your head slightly, it makes it harder for me. So, if you just keep your head straight and then I can check your eyes. Okay. I just We're right out here for everybody's safety. >> I'm safe. You know, I'm safe. >> See the light right here? Okay. And straight your head for me. Okay. All right. You're You keep moving your head. It's making it hard for me to be able to run through the tab. >> I'm not moving my head. You know what I'm saying? >> Okay. >> All right. Look straight. Straight me now. Okay. Straight. Okay. Now, keep your head just like that. Okay. Here. See where you're moving your head. Do you feel Did you feel that when you moved your head? Did you feel it? My head. >> Did you feel that? Okay. Hold on one sec. >> You have to look at the tip of the Look at the tip of the pen for me. Okay. >> I'm looking at it. You know I'm safe. >> Okay. The tip of the >> You know I'm safe. >> Look at the tip of the pen for me. Okay. >> You keep moving your head. You have >> Of course I'm moving my head. >> Let's just skip the Let's just Let's skip the HGN. Okay. We're going to skip the eyes. We'll go into the next task. Okay. >> You know, I'm safe. I was just trying to go to my boat. I enjoyed a little bit for a few seconds. >> Okay. >> There's no need for that. >> Okay. Okay. >> So, the next task is is actually the finger to nose task. Okay. So, you're going to make a fish with both of your hands. Extend your index fingers and turn your palms forward. Remain in this position while I explain the task. Do you understand? >> Just like this. >> To be honest, I don't even have to. >> No, no, no. Stay seated. Stay seated for me. >> Okay. And you're going to put your hands down by your sides just like this. >> Okay. Remain in this position while I explain the tasks. Do you understand? >> I understand. Okay. >> When I say begin, you're going to tilt your head back to about a 45 degree angle and close your eyes. It's going to look like this. I'm not closing my eyes for officer safety. It's going to look like this. Okay? Don't don't begin yet. Okay? 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. Okay, don't don't begin yet. Okay, >> this is the tip of your index finger. This is the side of your index finger. This is the other side of your index finger. This is the pad. It's going to be the very tip of your index finger to the very tip of your nose, a dime sized portion of your nose, farthest from your face. Okay? And don't start yet. Remember, you're going to stay in this position. And if you want to take the lanyard off, that might help, too. >> Take that off there. Do you understand so far? >> Okay. >> Yeah. >> 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? >> Yes. >> Okay. Go ahead and begin. Okay. Do you remember where I what I told you to do when I say begin? What are you supposed to do? >> Tilt your head back and close your eyes. Okay. Remember that part. >> Okay. Go ahead and tilt your head back. Close your eyes. Remember that part. Go ahead, >> ma'am. You can tilt your head back. Okay. Tilt your head back to that 45 degree angle I was telling you about. Okay. And keep your eyes closed. There you go. >> I I have a hard time understanding you. You're talking too fast. >> Okay. You all slow down. >> You're going to tilt your head back to about a 45 degree angle and close your eyes. >> Okay. >> Okay. When I when I say when I say left, you'll you want me to return to the instructions for you? >> Let me return to the instructions. I'll go over it again. Do you not understand? You told me you understood. >> You want me to talk slower? Okay, >> I'll start back over again. Okay, >> make a fist with both hands. Extend your index fingers and turn your palms forward. Remain in this position while I explain the tasks. Do you understand? Like this. When I say begin, tilt your head back to about a 45 degree angle and close your eyes. I'm not going to close my eyes for offer safety. It's going to look like this. >> Okay? >> And don't begin yet. Okay. >> Don't Don't begin yet. Okay. You You can put your head back forward again. There you go. All right. >> 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, go ahead and begin. Okay. You have to wait for me to give you the command. Okay. I haven't given you a command yet. Okay. Right. So, when I say begin, do you remember what you're supposed to do when I say begin? >> Okay. Go ahead. Begin. Okay. Don't don't bring your hand up yet. Remember, >> he's going to tell you left, right. Listen to him. >> Your head back, your your eyes closed. Okay. >> And I will tell you the command for left or right. Okay? So, tilt your head back to about a 45 degree. I'm going to close your eyes. Okay? >> Left. Okay, remember keep your eyes closed. Okay, and immediately return to your side. Okay, >> keep your eyes closed. And right, >> remember to immediately return to your side. >> Open your hands with palms down. Okay. Immediately return it to your side. >> Right. >> And you're going to keep your head back. >> Closed. Okay. And [music] left. >> You can straighten your head and open your eyes. Okay, the next task is the palm pat. You're going to place your hands palm to palm with one hand up and one hand down like this. Okay, remain in this position while I explain the task. Do you [music] understand? >> Yes. Okay. When I tell you to begin, turn the top hand over and count out loud one. Then turn the hand back over and count out loud two. Counting only when your hands make contact like this. One, two, one, two, one, two. Okay. And don't begin yet. Okay. Remember, you're going to remain in that position. Okay? Repeat this. Speed up as you go and do not stop until told. Make sure to keep your hands and fingers parallel during each pat like this. Do you understand? >> Okay, go ahead and begin. >> How many times? >> I'm sorry. >> How many times? >> Okay, just do what you can remember. >> I'm sorry. >> Do what you can remember. Okay. And remember, you're gonna count out loud. >> You're gonna count out loud. Remember that. >> Okay. Are you done? >> Yes. Okay. >> Okay. Last one. I'm going to go slow again. Okay. Make fist with both of your hands. Place your left fist at the center of your chest. and your right fist against your left fist. It's going to look like this. >> Remain in this position while I explain the tasks. Do you understand? 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 fists in a step-like fashion, making contact between your fists at each step like this. 1 2 3 4. The second task is to memorize the position of your fists. After you've counted to four, clap your hands three times and return your fists to memorized position. >> One at a time. >> Okay? So, it's going to look like this. >> The the remember don't start yet. Okay? And the third task is to move your fists in a step-like fashion in reverse order, counting out loud from five to eight and returning your left fist to your chest. It's going to look like this. 5 6 7 8. >> Okay, don't start yet. Okay, remember you got to remain the starting position. The fourth task is to open your hands with your palms down and place them in your lap. Okay. And don't start yet. Okay. All right. Do you understand? >> You do understand. >> Yes. Okay. Remember, you got to stay in the in the starting position throughout the task, throughout the instructions. Okay. Okay. And go ahead and go back to the instruction position. And you said you do understand. >> Yes. Okay. Let's go ahead and return your left fist to your chest and your right fist in front of your left fist. Okay. Okay. Now, do you understand to begin? Okay. Begin. >> Do do what you can remember. All right. Are you >> okay? Are you done? >> Okay. The HGN could not be completed because the subject kept rotating her head instead of isolating her eye movement. Since the HGN is the most scientifically reliable field indicator of impairment, its non-comp completion reduces the evidentiary weight of the sobriety test. During the finger-to-nose task, the subject refused to close her safety. That rationale has no legal basis here. The officer accommodated her anyway, but that deviation from the standardized protocol gives a defense attorney a procedural angle to challenge that specific test component. After completing the battery, the officer placed the subject under arrest for boating under the influence on.35 subsection 1. Probable cause albard observable safe off a firm saw on safe lab confirmed its alcohol mission cubits of browers. Then came the implied consent issue. Florida sto 52 states that any person operating a vessel on Florida waters has already consented by law to a breath test when probable cause exists. The officer read the warning correctly. She refused. Under Birfield versus North Dakota 16, the civil penalty structure for refusal is constitutionally valid. A first offense cost $500. The refusal itself can also be introduced at trial as evidence of consciousness of guilt. What made the refusal especially costly was what she said on camera before declining. Her words were, "I did not drink that much, but I have been drinking." That is a spontaneous statement against interest made voluntarily before any Miranda warning was legally required and it is admissible. >> All right, Raphael. Hey, so listen. We're not here for everybody's safety. Okay. >> I'm safe. >> Okay. I know you saying that you're safe, but what I've seen from the operation of you operating that vessel, >> you see me driving a little bit fast because I was enjoying it was nothing like too crazy. I didn't do anything crazy like that. I was just trying to go to my boat to go home. That was it. And of course, I drove a little bit fast. It was my like the second time I got a jet ski. I was trying to enjoy my time and but I was not like doing anything wrong. Not that bad. When as soon as you told me to stop and to go slow, I did it. >> Okay. >> Right. >> Okay. Thank you for explaining that to me. I appreciate that. What I need you to do now is just turn stand up. Turn around. Put your hands behind your back. Okay. You're going to be arrested for voting under the influence to a point where your normal faculties are impaired. Do you understand that? >> Yes. >> You let him go. He's going to jail, too. >> Okay, >> there you go. >> Why do we have to do that? >> Okay, you're you're boating under the influence to the point where your normal faculties are impaired. You can't be operating a vessel when you've been drinking alcohol to the point where you're not able to make good good choices, good decisions, and you can't divide your attention. Okay? And that's why you've been arrested. Okay? Do you understand that? >> No. >> You know that's not it. >> What? It's not it. >> You know that's not it. >> That's why you've been arrested. Okay. >> You know that's not it. >> What is it? >> It was not that bad. >> Not that bad. >> Okay. >> All right. We're going to take you back to uh Have you heard of Wildflower Park? >> Huh? >> Wildflower Park? >> No. >> No. That's where we're going to go. and we're going to give you the opportunity to provide a sample of your breath so we can determine its alcohol content to see how much alcohol is in your system. Okay. Are you willing to give us a sample of your breath? >> You won't do that? >> Okay. >> Okay. And >> I'm sorry. >> I'm sorry. >> Oh, because you we're out here for everybody's safety, right? And and who knows what could have got bad. >> Yes, you're right. It was bad. You're right. It was bad. And that's why that I respected when you told me to slow down. >> We actually had to get on the PA and yell at you. >> Huh? >> We had to get on the public address system. The PA system and and yell at you to come over to us after you like waved to us. >> Yes. As soon as you told us to slow down, I did it. >> Don't do this to me. >> Okay. >> You don't have to ruin my life because No, no, no. I'm not ruining your life. >> Yes, you're going to do that. going to do that. >> You You made the choice to get behind the uh jet ski and drive it, right? >> That's your choice. >> Of course. But like >> I didn't even know it's that bad this situation. >> You didn't know it was bad? Okay. >> I didn't even know like a jet ski is that bad. >> Oh yeah. Anytime you're operating >> if it was like me driving a car like that, of course. >> Would you Yeah. Was that >> an extra packet? >> Yes. Uh it's in my my c my metal case. Okay. >> Yep. I got him in the back. >> Okay. >> First it was like me driving a car. I would be more responsible, but I didn't know like it was literally like not that deep or nothing like I was killing someone or nothing like that. >> No, the good news is that we stopped you before you did possibly kill yourself or somebody else. You know, that's the good news. Okay. >> Far from everybody else. >> So, I'm not requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content. Will you take just let me go? >> Will you take the test? >> Can you please just let me go? >> Oh, you've already been handcuffed. You're already under arrest for voting on the >> like this is ridiculous. >> I understand what your what your feelings are. I I do understand that. But we we have a job to do to keep the public safe. >> I know. But you know that like there's a lot of more people doing bad things over there, not me. >> Okay. So, let me let me ask you the question. >> I instructed you. You asked me to slow down. I did it. >> Okay. Let me ask you a question now. Okay. Will you take the test? No, I don't want to take any tests. >> No. >> Okay. If you refuse to submit to a test I have requested of you, it will result in a civil penalty of $500. Additionally, if you refuse to submit to the test I have requested of you and you have been previously fined under section 3273 uh 5215 Florida statutes or if your driving privilege has been previously suspended for refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor in addition to any other penalties. So, you haven't ever been arrested before, right? >> Okay. So you don't have to worry about the additional penalties, but you will be paying a $500 civil penalty. Okay? >> You understand that? >> Yes. For refusing. And so you still refuse to to submit to your lawful >> I can >> a lawful test of your breath. >> I can pay that500. >> You can pay that 500. Okay. >> I work here for nine years. >> You worked here for 9 years. Okay. So you still refuse to take the test. >> What is the other consequence? >> That's it. The $500 civil penalty for refusal. That's $500 ticket. pay for that. >> Okay. Or you can just do the test and not have to pay anything. >> I didn't pay that much, but >> she's been cooperative and compliant. No problems with her whatsoever. Sir, >> the stop was legally grounded. The implied consent advisement was administered correctly and deescalation held throughout a tense encounter. The one mark against him is allowing the subject to skip the eye closure step during the finger-to-nose task, which introduced a procedural inconsistency. The subject receives a C plus. Probable cause was solid, and the three decisions she made on camera, admitting to drinking, refusing the breath test, and deviating from sobriety test instructions, were each individually damaging and collectively very difficult to defend. He cooperated with officers throughout, which is noted. However, allowing someone who'd been drinking and who lacked a valid boating safety identification card under Florida statute 327.395 to operate his vessel put both of them in handcuffs. This footage illustrates Five lessons that go well beyond this single incident on the water and they apply to anyone who spends time out there. Lesson one, Florida statute 327.3. The same as drunk driving on on land. The law does not grade the severity of your behavior. It asks one question. Were your normal faculties impaired? If the answer is yes, you are subject to arrest. Lesson two. Anything you say voluntarily during a stop is admissible. The subject's admission was made before Miranda warnings were legally required under Burkmer versus McCarti 1984. Silence is a constitutional right. Choosing not to use it is a legal decision with consequence. Lesson three, refusing the breath test does not make the problem go away. Under Florida Statute 327.352, you pay the civil penalty either way, and the refusal itself can be used against you in court as evidence that you knew the result would not help it. Lesson four, lending your vessel to someone does not remove your legal exposure. Florida law does not protect a vessel owner simply because another person was at the controls. If impairment was foreseeable, the owner can share the legal consequences. Lesson five, complying after an officer gives a command does not erase what was documented before that command. The legal question is what the vessel was doing before the order was issued, not after the officer intervened. The outcome of this arrest is not yet known, but the probable cause was legally sound. The procedure was correct, and the subject gave law enforcement several pieces of evidence on camera that no attorney can make disappear. If this breakdown was useful, subscribe to our channel so you do not miss the next analysis. Leave the interactions or legal topics you want covered in the comments below. Understanding how these laws actually work is the best preparation anyone can have before going out on the