Lights have been on. Sirens been activated twice. So, at this point, I'm placing you under arrest. Okay. >> Dang it. Number. >> Yes, ma'am. >> On March 31st, 2024, Easter Sunday, a Florida Marine officer stopped a small jetboat in what authorities designated an idle speed zone on the water. >> Lights have been on. Siren's been activated twice. Cut it off. >> Do you have any cleats in the middle? You have any tie? >> No. >> Yeah, you can go and put it in neutral. All right. Yeah, you can go ahead and turn us now. >> Got us. >> Yep. Yep. We got to control your vessel. Give me a second. Change out some lines and I'll tell you why we stopped y'all. All right. >> You got that front line. >> It's already tied off. Yeah, it's already tied off to the boat. >> Yeah, this will keep it off the boat. >> You got to >> Okay. All right. So, the reason why we stopped you is this is an idle speed zone in here. >> Yeah. >> You guys familiar? Um, >> yes. >> With idle speed? >> Yes. >> You do? Okay. Are you guys from here? >> Yes. >> All right. Where you guys from? >> So, here. But the only reason why like I pull it up a little bit is that my nose dips when there's wave. >> Okay, >> that's all. >> All right. So, this is your boat? >> Yes. >> Okay. All right. >> So, it just dips a little bit when there's like a big wave. So, I just It's like a jet ski, so I have to just kind of pull it up and pull it back so we don't get splashed. >> All right. Okay. So, in the harbor there, there's not a lot of lot of waves. You were creating a kind of a large wash. your bow was out of the water. Idle speed is the minimum speed required to maintain steer and headway. So, just nice and slow. Uh, do you have a driver's license on you? >> Yes. >> And the registration for your boat if you don't mind. >> Not with me if you're not. >> Where are you guys coming from? >> Uh, I just bought this boat in Georgia and we're boat house. Okay. Um, and no, I do know what you're talking about, but it's so low on the water. I have to kind of like get like a jet ski so we don't get slashed. >> Okay. Well, we're going to move over here out of the way cuz this boat is kind of small in that cove right there. >> Just kind of nose it in. That way we don't get beaten, banged around. >> Very much. >> All right. You said you don't have a uh registration for the boat yet? >> I do. It's just not with me. I just came back with it last weekend. >> All right. Did you buy it in Georgia or Florida? >> Georgia. >> You did buy it in Georgia. Okay. >> So, it is registered to your name? >> Yeah. So, four days I have it. >> Yeah. >> Okay. >> Yeah. I was with her when she s >> All right. Um, so I am smelling some alcohol on the boat. Have you guys Have everybody had something to drink? >> I spilled a lot of alcohol. Yeah. Okay. >> So, we had a little vodka bottle and I definitely spilled it. The operator, a woman named Rachel, had recently purchased the vessel in Georgia just 4 days prior and was navigating without the registration document on board. What followed was a textbook example of a boating under the influence investigation, a process governed by Florida statute 327, section 35, and shaped by both constitutional protections and the state's implied consent framework. Under Florida Statute 327.35, it is unlawful for any person to operate a vessel while under the influence of alcoholic beverages, controlled substances, or chemical substances to the extent that normal faculties are impaired. This statute mirrors the land-based DUI framework found in Florida statute 316.193, but applies specifically to vessels on Florida waterways, including harbors and idle speed zones. The fourth amendment to the US Constitution prohibits unreasonable searches and seizures. But courts have long recognized that Terry v. Ohio 392US1 from 1968 permits brief investigative detentions when officers have reasonable articulable suspicion. Here, the officer's observations, including a wake generating speed in an idle speed zone, a bow lifted out of the water, and a strong odor of alcohol on the subject's breath, collectively established reasonable suspicions sufficient to justify the stop and subsequent field sobriety assessment. >> Okay. >> Have uh have you had anything to drink today? >> No. >> Nothing to drink? >> Okay. Do you mind me checking your eyes real quick? Make sure you're safe to operate. Okay. I'll have you just step right here to the side and I can check your eyes real quick. Okay, >> hold on. >> Okay, >> I broke up my toenail, so there's that. >> That's fine. All right, just try to keep your head still. Follow my finger with your eyes only. You understand? >> Okay. Try to keep your head still. Okay. >> And how long have you been operating the boat? >> Oh, it's making me dizzy. >> Oh, >> I'm sorry. >> How long have you been operating this boat particularly? >> Uh, just an hour. speed >> like you. So, other than today, you've never operated a boat like this. I guess this small like a jet boat. >> It's making me dizzy though. Sorry. >> That's fine. >> It's making me dizzy right now. >> All right. Do you have any problems with your eyes? Do you have vertigo or >> Yes, I have You have >> All right. Do you have a valid driver's license? >> Yes, I do. >> You do have a valid driver's license with vertigo? >> Well, I'm going to see a chiropractor for it. I have uh inner ear problems right now. Yeah. >> Okay. Well, that's fine. So, you're not seeing a doctor or dentist for anything like that? >> I am seeing a chiropractor right now for it. >> All right. Um, so you haven't had anything to drink at all? >> Easy. No, >> nothing to drink. So, >> um, maybe earlier. >> I am smelling some alcohol coming off your breath and I am seeing some >> impairment in here. >> All right. Do you mind stepping on my boat and doing some tasks for me? >> No, I mean I like I really don't understand why you guys pulled me over. >> Do you remember what I told you? I pulled you over for >> for speeding up. >> Idle speed zone. So this is an idle speed zone. >> I have I was in idle. >> Okay. >> I was in my idle stage. >> All right. >> I It's a jet boat, so it's a little different. >> I understand jet boats are different. Uh but you guys were going a little fast when we stopped. You did slow down. >> That made me super dizzy. So, like I said, I am seeing some signs of impairment. It might be the the small boat you're on. I'm going to give you the opportunity to dispel any fears that I have you being impaired. So, you can go if you like to step upboard my boat so I can do some tasks. It's all sitting down so you don't have to worry about falling over anything. You you agree to do that? >> Yes. >> All right. You want to step on board real quick? >> Yes. >> All right. If you want to move up here, I'm going to turn the cooler just so you're not sitting into the sun. >> Okay. if you could sit right here for me. >> All right. All right. Let me get your uh your name. I I did take your driver's license, correct? I'm I'm going to write it down. Uh what's your first name? >> Rachel. >> All right. >> All right, Rachel. I'm going to read some instructions to you. Just follow me. If you have any problems or you want me to stop or repeat myself, just tell me to do so. Okay. So, first off, I need you to sit at the front edge of the seat. Put your arms down by your side and place your feet shoulderwidth apart so you're comfortable and stable. So, kind of scoot up for me a little bit. >> Just like that. There you go. Feet shoulderwidth apart, flat on the ground. >> Just ripped off my toenail. >> Okay. >> That's fine. >> I'm in a little pain. >> All right. And um as far as the pain goes in your toe, is it unbearable where you can't sit here? >> Do you want to see it? >> I don't I see you have a band-aid on. Yeah, I'm not okay right now. >> Okay. Um, so it's to broken toenail ripped off. >> I mean, I ripped my whole ass toenail off. >> Oh, I'm sorry about that. >> Okay. >> Well, >> they help me. >> Clearly, I didn't. >> Did you just do this recently? >> Yes. >> Okay. Well, can you sit with your arms down by your sides, not holding under the There you go. And with your feet shoulderwidth and straight, flat on the ground. >> Okay. Do you feel comfortable and stable there? >> No. >> You don't feel comfortable? >> Well, you know what I mean. As far as being on a boat, do you feel >> I have complete vertigo. >> Do you feel comfortable and stable where you're at right there? >> No. I mean, I ripped off my toenail, too. So, Okay. Okay. So, >> other than your other than your toenail, do you feel comfortable? >> Yeah, I'm good. >> Stay. Okay. >> Wow. Whoa. Whoa. [ __ ] >> Were you woowing the >> No, just my toenail being ripped off. Just all of it. >> Okay. All right. So, I need you to stay in this position uh with your feet in your arms. Stay in this position till I tell you to do anything. Anything else? Do you understand? >> I'm sorry. I didn't I didn't Okay. I didn't hear you. I'm sorry. I was looking at this while >> Yeah. I just >> All right. So, do [clears throat] you have any physical defects or disabilities? >> Broken toe or ripped ripped toenail. >> Really bad. >> I'll put ripped >> bad. Oh my god, it's bad. >> Other than the ripped toenail, do you have any physical defects or disabilities? >> So, for this first task, I need you to make a fist with both hands. Extend your index fingers out with your palms forward. It's going to look like this. Fist with both hands, index fingers out, just like that. Okay? I need you to put down by your side right there. I need you to remain in this position while I explain the rest of the task. Do you understand? >> Okay. When I say begin, you're going to tilt your head back at a 45 degree angle and close your eyes. This is a 45 degree angle and you're going to close your eyes. Yep. Not yet. Wait till Wait till I tell you to. Okay. >> Uh but when I tell you to, you're going to tilt your head back at a 45 degree angle and close your eyes. When I tell you to touch the tip of your nose with the tip of your index finger, immediately return it to your side. >> Okay? >> This is the tip of your finger right here. >> Yeah. >> That's the pad. This is the side of your finger. This is going to represent your nose. Not the bridge of your nose where nostrils are underneath your nose. The tip of your nose. >> Tip of your finger to the tip of your nose. >> Okay. >> Do you understand that? >> Yeah. >> When I say right, >> take your glasses off then. >> Yeah. You can take your glasses off. >> Okay. >> When I say right, >> like this. >> Yep. Let me let me finish the instructions. Okay. When I say right, you're going to touch your right index finger to your nose. When I say left, you're going to touch the left index finger to your nose. Do you understand? >> Yes. >> You understand the task? Yeah, >> you may begin. >> Which one? >> Right. Left. >> Wait, wait, wait till I wait till I um >> left. >> Left. >> Yes, ma'am. >> Okay. Immediately, you return it to your side. >> I'm about to walk down the beach. Tell Jason that I'm okay cuz I think he's like worried about me. >> Yeah, he probably is. >> Right. >> Immediately return to your side. Right. >> Wait. Right. Okay. >> Immediately return to your side. >> All right. For this next task, I need you to place your hands palm to palm with one hand up, one hand down. It's going to look like this. palm to palm. >> Okay. >> Okay. You can do it right or left, left or right, whatever you're more comfortable with >> that. You like that right there? >> Yes. >> Okay. I need you to remain in this position while I explain the rest of the task. Do you understand? >> When I tell you to begin, you're going to turn the top hand over. Count out loud one. Turn your hand back over. Count out loud two. Counting only when the hands make contact. >> Say it again. >> When I tell you to begin, you're going to turn the top hand over. Count out loud one. Turn your hand back over. Count out loud two. counting only when the hands make contact. It will look like this. >> One. >> Oh, hang on. I'm I'm gonna I'm gonna explain to you. Okay. >> Listening. >> So, it's gonna look like this. One, two, one, two. One, two. >> Don't start until I tell you to. Okay. Repeat this. Speed up as you go. Do not stop until told. Make sure you keep your hands and fingers parallel during each pat. >> Okay? >> So, this is parallel right here. Don't turn your hands or any variation when you're turning. And when you flip your hand back over, make sure it's parallel with the other hand. Okay? >> You understand that? >> One. >> Not yet. Don't start. >> Do you understand what I said? >> One upside down and then two on the clock. >> Do you understand the task? >> Kind of. Not really. >> Would you like me to repeat it? >> Yeah. So, like one. >> Okay. Hang on. Hang on. >> I'm a little confused. >> All right. >> One, two, like that. >> Let me write it down. Okay. I'm I got to Can you record this? >> Yeah. >> If you want to record it, you can record it. No, no problem. >> All right. So, again, place your hands palm to palm with one hand up, one hand down. Do you want me to wait for him >> to record? >> Okay. I mean, this is >> Okay, I'll let I'll let you record it. Are you good? You good to go? >> Exactly what she's supposed to. >> All right. So, I'm going to repeat. Just try not to interrupt her. >> You You feel free to record all you want. Just don't interrupt her. Let her do the task. Okay. So again, I need you to place your hands palm to palm with one hand up, one hand down. It's going to look just like this. Again, you can go right over left, left over right, whatever you're more comfortable with. If you like that position right there, I just need you to remain in this position while I explain the rest of the task. Do you understand? >> Yeah. >> Okay. When I tell you to begin, >> such an easygoing person. >> Okay. Well, when I tell you to begin, turn the top hand over. Count out loud one. Turn your hand back over. Count out loud two. Counting only when the hands make contact. It's going to look like this. One, two, one, two, one, two. >> Okay, >> repeat this. Speed up as you go. Do not stop until told. Make sure you keep your hands and fingers parallel during each pat. >> Remember parallels here. >> Let's do it together. Then >> any variation of this. >> Speed up. Then >> when you flip your hand over, make sure it's parallel. Okay. >> It says speed up as you go. So me >> you you speed up. >> Do you understand the task? Ask me right now. >> Do you Do you understand the task? >> What in the hell? What? >> I understand that. >> Do you understand the task? >> But I don't understand how you go. How you go? How you go? And then speed up. What do you want me to speed up? >> You're going to speed up the rotations of your hand. >> When When you give a command, >> you're you're going to speed up as you go. >> Okay. >> Do you understand the task? >> No. >> All right. So, >> I like when do you speed up? >> I'm going to repeat the the task to you again. >> Got beat. >> Okay. I'm going to repeat the task to you again, but this is the last time I can I can I can go over this task for you. Okay, >> let's do it. >> All right. So, I'm going to repeat the task for you. Okay. Try to pay attention. >> Can you call Can you call Patrick for me? >> All right. Place your hands palm to palm. One hand up, one hand down. Just like this. >> Okay. Remain in this position. I'll explain the rest of the task or kill Patrick right now. >> Ma'am, if you don't pay attention to me, you're >> I want you to understand what's going on. >> Robbie, >> when I tell you to begin, turn your top hand over. Count out loud one. >> Got this. >> Then turn him back over. Count out loud two. Counting only when the hands make contact. It'll look like this. One, two, one, two. >> I mean, I got that. >> Okay. Speed up because try not to interrupt me. >> Could speed up faster than that. That's what I'm worried about. >> Let me Let me repeat this. Okay. That's all I'm saying. I can't speed up any faster than >> Repeat this. Speed up as you go. Do not stop until told. Make sure you keep your hands and fingers parallel during each pass. >> This is parallel. >> Not this. This any variation. >> All right, >> let's do it. >> Do you understand the task? >> Yes. >> Kill Patrick. >> You may begin. >> You may begin. Okay, >> you may begin the test. >> What do you want me do? Count >> like I instructed you to. >> One, two. >> Like that. >> Yep. You can't stop. Keep going. >> Okay. >> You got to speed up. Speed up. >> Okay. That's That's what I'm talking about. >> You're not speeding up. All right, you can you can relax. That's fine. >> We'll move on. >> All right, this is the last one. >> No. >> This is the last one. So, I need you to make a fist with both hands. Place your left fist at the center of your chest. Your right fist against your left fist. >> Fist with both hands. >> Left fist at the center chest. >> Okay. Well, I'm I got my camera here. So, this would be the center of my chest. So, >> okay. Right here. >> Right. A little higher. Center of chest. Right there. Left fist. Center chest. Right fist against left fist. >> Okay. Now, I need you to stay in this position while I explain the rest of the task. You understand? >> Yes. >> Okay. When I say begin, you're going to 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. It's going to look like this. >> One, two, three. >> Yep. Hang on. Don't don't start yet. One, two, three, four. >> Okay. >> Second task is to memorize the position of your fist. After you count to four, clap your hands three times. Return your fist to the memorized position. >> Okay. And then back. Okay. Got it. >> Third task is to move your fist in a step-like fashion in reverse order, counting out loud from five to eight, returning your left fist to your chest. >> Five to eight. >> Five. Six. Well, can we start with the first task? >> Watch me watch that. >> Fist back to your chest. I'm going to demonstrate the whole task. Okay. >> I don't even think it might. >> Fourth task is to open your hands, palms down, and place them in your lap. >> Okay. All right. >> Okay. >> So, >> one, two, three. >> Don't don't start yet. >> Three times back. One. >> Do you understand the task? >> Four. And then what after that? What was the >> I I can't I can't help you. Do you understand the task? >> No. >> Do you want me to repeat the task to you? >> All right. So, I'm going to have you make a fist with both hands. Place your left fist at the center of your chest. Your right fist against your left fist. Fist with both hands. Left fist on your center chest. Right fist against left fist. Okay. Remain in this position while I explain the rest of the task. Do you understand? >> Sure. >> Okay. >> When I say begin, you're going to perform four tasks. 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 fist at each step. >> Okay? >> One, two, three, four. Don't don't move from the position. Remember, you got to stay in that position. >> Stay there until we take I can't help you anymore. >> Oh, here. I can't practice it. >> No, you have to stay in that position. So, the second task is to memorize the position of your fist. After you count the four, clap your hands three times. Return your fist to the memorized position. Okay. and go back. One, two, three, four. >> Third task is to move your fist in a steplike fashion in reverse order, counting out loud from five to eight. Return your left fist to your chest. >> Um, five to eight. >> Five, six, seven, eight. >> Yeah. Okay. >> Return your left fist to your chest. >> I'll get what's after that. >> The fourth task is to open your hands, palms down, and place them in your lap. >> Like that? Okay. >> Okay. Do you understand the task? >> Maybe. Try this. >> You You understand? >> Kill Patrick. >> You understand? >> Yeah. >> Okay. >> You may begin. >> One 2 3 4 2 3 five six seven eight. Palms down. Turn my left. All right. So, ma'am, based on what I've seen so far, okay, the tasks and the stop with you, I don't I don't believe you're safe to operate the vessel. >> Okay. >> Are you serious right now? >> Yes, ma'am. >> Okay. Call him right now. >> Call my attorney. >> All right. So, at this point, I'm placing you under arrest. Okay. >> Yes, ma'am. I need you to put your hands behind your back. >> No. >> Let me tell you. Hold on. Did you get that on video? >> Hang on. Turn. Put your hands behind your back. Okay. Just just do what? >> Yes, ma'am. Just stay here, okay? I don't want to have to push you under the in the gunnel. Okay. >> Just stay here. >> Daddy, take my phone just >> my phone is dead. And grab that and >> put your hands behind your back for me, please. Okay. >> Just do what they tell you to do. >> I know. >> First time I bought this is my birthday, dude. >> Yep. Happy Easter, baby. I am not I am not. >> All right. So, can I get some information? >> Yes. Yes, sir. Hang on a second. Ma'am, I got to double lock these. Okay. >> Go back to her trailer. >> All right, ma'am. Come over here for me. Do you have some shoes that you can put on? >> No. >> No. >> Nope. They're in my car. >> All right. I'm going put this over your head. Okay. >> Yep. >> I'm going to go behind your your arms here. You want to take my my flip flops, baby? >> No. >> You go ahead and uh call it in 10:15. >> No. >> You want to take my foot? >> No. >> Okay. Go ahead and take a seat for me right here. Okay. >> All right. >> All right. Does she have a cell phone that she can take with her? >> I don't. Do you know? Okay. Does he Does she know your number? your phone number. >> I know it. >> That's it. Okay. I can write it down if not. >> All right. Does she have some phone some uh >> my boyfriend? >> Okay. >> She doesn't have any flip-flops on the boat. >> No, they're they're at the >> any shoes. Okay. All right. >> Went to court with one of them this morning at 9:00 a.m. with Judge Stone. So, there's that. Yeah. I'm really [ __ ] up. Huh? eats your Sunday. It's cool. >> You know, I am the person with feelings that passed all your tests, by the way. [clears throat] >> We don't give tests, ma'am. Okay. >> What was that then? >> They're called tasks. All right. >> Tasks. >> All right. Here. Come here. I'm going to take this off. I am not a part of your affiliation, but I do work with all attorneys in this town. >> That's fine. >> I do. I go to court with them. So, >> we do, too. >> Okay. Well, welcome. You You're going to get to know me. >> That's okay. Don't get out of the boat yet. Okay. I didn't pull you over for smoking weed. Okay. >> I don't do anything. My [ __ ] daddy died. [ __ ] Dude, rip my goddamn toenails. >> Oh, got the motors down. >> We're going to put the motors up. Yeah, I'm gonna I'll take care of all this. >> I didn't even tell you my daddy died because I didn't even want to put that on y'all. Let you do your job. >> [ __ ] you like that. What the [ __ ] Go and stand up and I'm going help you up. Y >> good. All right. So, step take a step on the cooler right here. Get your balance. I'm fine. >> Oh, hang on. Don't touch me. Get your [ __ ] hands off me right now. >> All right. Nope. I'M >> OFF ME. I OWN A CHARTER BOAT. I need to get off me. I know what I'm doing. Handcuffs. And if you fall off the dock WITH HANDCUFFS ON, YOU CAN'T FALL OFF. >> QUIT YELLING. >> All right. >> Don't touch me. I won't fall off. We are trying to >> I won't fall off. >> All right. Come on, step over. >> I know what I'm doing. >> Okay, that's fine. >> Okay, thank you. >> Okay, stay right here. >> Stay right there for me. Okay, >> I'm not drunk. Thank you. >> All right, stay right here. Okay. >> All right, >> I'll carry this. I I All right. If you can walk to the left, watch your head. Watch your head. Pick your head forward. Forward. Look to the left for me. I'm just going to put your seat belt on. Get off. >> The horizontal gaze nestagmas test, commonly called HGN, is recognized under Florida law as a validated field sobriety indicator, and the officer's administration of it falls within accepted law enforcement protocol, even when the subject claims a pre-existing medical condition such as vertigo. Florida courts have held, consistent with the National Highway Traffic Safety Administration guidelines adapted for marine enforcement, that officers may conduct seated field sobriety tasks, when standing balance tasks are impractical due to the marine environment or a subject's physical condition. The seated tasks administered here, including the finger-to-nose task and the hand pat sequential task, are recognized alternative. sobriety assessments used by marine patrol officers statewide when standard walk and turn or one leg stand tests cannot safely be performed critically under Florida statute 327.352 the state's implied consent law extends explicitly to vessel operators and any person who operates a vessel on Florida waters is deemed to have given consent to a lawful breath urine or blood test upon lawful arrest when Rachel refused the breath test the officer properly read the implied consent advisement pursuant to Florida statute 327.352 which carries a civil penalty of $500 for a first refusal and elevates the offense to a misdemeanor for a second or subsequent refusal. In South Dakota v Neville 459US553 from 1983, the US Supreme Court held that a refusal to submit to a blood alcohol test is not protected by the fifth amendment's privilege against self-inccrimination and that evidence of refusal is admissible in criminal proceedings. This means Rachel's refusal, stated clearly and on camera, becomes a piece of evidence the prosecution may introduce at trial to support the inference that she declined the test because she feared the results would confirm impairment. Regarding the arrest itself, under Graham v. Connor 490 US 386 from 1989. The reasonleness of any use of force must be assessed from the perspective of a reasonable officer on the scene, not in hindsight, taking into account the severity of the offense, the threat posed, and whether the subject is actively resisting. The officer's physical control during the transfer from the vessel to the dock, though resisted verbally by Rachel, appears proportionate and consistent with the minimum force necessary to ensure officer and subject safety in a marine environment where the risk of falling overboard while handcuffed is a legitimate and serious concern. I have to read this to you. Okay. [clears throat] >> I'm now requesting you submit [snorts] a lawful test to your breath for the purpose of determining its alcohol content. Will you take the test? >> No. >> No. >> All right. Because you said no. I got to read the rest of this to you. Okay. >> Well, I'm not going to say anymore. >> Okay. I have super anxiety. Like I was trafficked most of my life, sir. I have a issue with a lot of things. I have major anxiety. Like I have a lot going on and I am not okay right now being shackled right now. I'm not okay with this right now. >> Okay. Well, I have to read this to you, okay? So, try to do your best to listen. All right. >> If you refuse to submit the test request, >> it's going to result in a civil penalty of $500. Additionally, >> I don't care. Do whatever you need to do. >> Listen, let me do anymore. >> My brain's at threshold. >> I understand brains of threshold. Let me do my job. Okay. I have to read this to you. Please try not to interrupt. If you have any questions at the end, I'll answer anything you have. Okay. >> All right. If you refuse to submit the test I request to you, it's going to result in a civil penalty of $500. Additionally, if you refuse to submit the test I requested you and you previously been fined under Florida statute 327 or your driving privileges have previously been suspended for refusal to submit your lawful test your breath, urine or blood, you'll be committing a misdemeanor in addition and any other penalties which can be imposed by law. Refusal to submit this test I requested is admissible and evidence in any criminal proceeding. >> Do you understand? >> Yep. Do >> you understand what I read to you? >> Yep. >> Do you want to refuse the test? >> Yep. I would refuse everything in this can't be shackled like this. I don't care. Oh [ __ ] This uh instrument's going to gonna tell me that when you're able to provide a sample, you said you want didn't want to take the test. Oh, I just want to >> That's fine. It's still got to do its thing. When it offers it, I'm going to give YOU A SECOND CHANCE. >> Give everybody a second chance. If they want to do it, they can do it. If not, you can refine. >> Have you ever had a refusal before for your >> Yeah, I've never had I've never been in any trouble in my life. Okay. trouble Christmas. I just can't I just have a lot of childhood trauma, dude. I have a lot of [ __ ] up mental issues. Trying to be the best person I can be. I'm lucky I'm alive. Can you give me a please? All right. So, now it's asking to provide a sample. If you wish to provide it, let me know. >> I know. I didn't do anything. >> All right. Well, when the time's out, it's going to be refusal. Okay. >> You stupid [ __ ] >> the day my daddy and I have a lot of >> I'm not unmedicated. I'm unmedicated. I think I do pretty [ __ ] well. >> Well, I have my evidence. This is your chance to have yours if you refuse. >> Really? I'm off all my medication as of this year and I'm doing really good. >> That's fine. >> Oh, Jesus Christ. >> You get to get back on it. Look, so good. off medication. All right, man. I'm done with you. Go ahead and stand up. property. Okay. >> Now, grading the parties, the officer receives a B+. The initial stop was legally justified by observable idle speed violations and a visible wake, satisfying the reasonable suspicion standard established in Terry v. Ohio. The HGN test was administered appropriately, and the decision to conduct seated alternative tasks rather than forcing a medically compromised subject to perform standing tests reflects sound judgment and adaptable training. The implied consent advisement was read in full and documented on camera. The physical arrest, while met with resistance, was handled with proportionate control. Points are deducted because the officer's repeated explanations of the hand pat task, though patient, suggest the instructions may have been unnecessarily complex, creating confusion that could have been avoided with a cleaner demonstration. Rachel receives a D+. She provided partially cooperative responses during the initial stop, but repeatedly interrupted the task instructions, attempted to redirect the officer's attention to unrelated personal matters, and ultimately refused both the tasks and the breath test. While her personal circumstances, including grief over her father's recent death, severe anxiety, and a pre-existing vestibular condition, explains some of her difficulty, they do not mitigate the legal consequences of operating a vessel under the influence, driving without registration on board, or refusing a lawfully requested breath test. Her refusal of the breath test was the most damaging decision she made, as it did not avoid prosecution, and simultaneously created an admissible inference of consciousness of guilt. under South Dakota v. Neville. Every interaction captured on body cam footage like this one carries lessons that matter not just for lawyers, but for anyone who operates a vessel or motor vehicle in a state with implied consent laws. Here are five takeaways from this encounter. Lesson one, know the rules of the waterway before you leave the dock. Florida Statute 327.65 defines idle speed zones and requires operators to maintain minimum headway, meaning just enough throttle to steer, generating no visible wake. Lesson two, keep your registration on board at all times. Florida statute 327.33 requires vessel registration documents to be carried on the vessel whenever it is operated, even when the boat was purchased just days before the trip. Lesson three, understand what implied consent means before you ever start the engine. By operating a vessel on Florida waters, you have already legally consented to a breath test upon a lawful arrest, and refusing that test carries automatic civil penalties and is admissible as evidence against you. Lesson four. Pre-existing medical conditions like vertigo and inner ear disorders are relevant context, but they do not automatically invalidate field sobriety assessments or provide a legal defense to BUI in Florida, particularly when combined with the odor of alcohol and observed impairment. Lesson five, composure during a law enforcement encounter is itself a form of legal protection. Emotional outbursts, repeated interruptions, and refusal to follow clear task instructions are all observable behaviors that officers document and that prosecutors use to reinforce the impairment narrative at trial. This footage is a reminder that the water is not a legal gray zone. Florida's BUI laws carry the same weight as DUI laws on land, and the consequences of a conviction include fines, loss of boating privileges, and potential jail time under Florida statute 327.35. If you found this analysis useful, leave a comment below with the body cam footage or legal topic you want us to break down next. Subscribe to our channel so you never miss an analysis.