Notice my hands. Notice my hand. Please don't shoot me. I already had a son, a nephew, killed by police. On January 14th, 2024 in the Tampa Bay area of Florida, a woman was arrested for DUI, despite the fact that no officer ever witnessed her behind the wheel. >> How are you? >> I'm great. How are you? >> Good. What's going on today? >> I don't know what's up with you. Did you Is there anybody else in the car with you? >> Your husband. Okay. Is your son around here? >> Is the one on the phone? Okay. So, ma'am, just so you know, uh, somebody called and said that you were intoxicated right behind the the wheel of the vehicle. So, I just want to make sure everything's okay. Is everything okay? I'm a little worried about him actually. >> You're worried about him? >> Okay. Were you Were you drinking? >> I had a drink. >> You had a drink? >> I mean, let's be real. >> Okay. >> That single fact puts this case at the center of one of the most contested doctrines in American DUI law. The actual physical control standard under Florida statutes section 316 193. Florida law defines DUI to include not just driving, but being in actual physical control of a vehicle while impaired. Florida courts have applied that definition broadly, and this case lands squarely inside it. Under established Florida precedent, you do not need to be moving and you do not need the engine running. Proximity to the vehicle, access to the keys, and a voluntary admission of drinking are enough to meet the APC threshold. The admission here came from the subject herself. That statement, combined with a tip from an identified caller, gave the sergeant reasonable articulable suspicion under Terry versus Ohio from 1968. The fact that the caller was her own son matters legally. Under Illinois versus Gates 462 US 213 from 1983, a tip from a known identified individual carries far more weight than an anonymous call. >> Am I going to lie? >> Is your hus did your husband drink also? >> More me. >> More you than him? No, you misheard that. >> You said >> your name Fidelis. >> Yes, >> you misheard that. >> Misheard what? You saying more you? >> No, that's twice you misheard that. >> Ma'am. Ma'am, I'm going to politely explain something to you. >> Am I driving? >> You're not in charge here. I want you to understand that. That's the number one thing you should understand. >> I understand. >> As nice as I am. As nice as I am, as professional, >> you can address me as doctor. >> I don't care. >> I know you don't give a anybody but yourself. >> The way it's gonna work, ma'am. >> Oh my god. >> Listen, don't get behind the vehicle. Where is your ID? >> Ask for my license. >> Where is it? Where is it? >> Can I get it or not? >> I want to know where it is first. >> It's in my purse. >> Wonderful. Where's your purse at? >> It's in the car. >> You asked for my car. It gave me my license number. >> Come over here and have a seat in the curb for me. Okay. >> Oh, sure did. Thank you, ma'am. >> Oh my god. >> Just have a seat there for him. How you doing, sir? >> Oh my god. >> Have a seat. He won't let me go in my car to get my license. He wants my license. I told him my driver's license number. He don't want it. I'm doing everything he asked. Both of them. >> Ma'am, where your license again? >> I told you it was in my car. >> In your purse, in the car. Where in the car? >> Can I get it or not? >> I don't want you to get it. >> You told me to get it. >> M4. I didn't say go get it. >> Ma'am, your purse is around your neck. That's a different purse. Oh, okay. >> So, do you know where her purse is? >> Okay. Would you mind getting her ID for me? >> Sure. >> Can I tell you my driver's license number? >> I actually >> I got my name, address, and serial number. >> We actually have your serial number. >> We actually have to have You actually have to produce your driver's license, though. >> Can I lick my purse or you going to have to come and try a license? I mean, a gun. I'm scared. I'm really really scared. >> Why? Why are you scared, man? >> Because my son is dick me. He calls the cops call me all the time. >> I'm the only one that's sober enough to drive. He can't drive. He can't drive. I'm the one that's supposed to drive. >> Notice my hands. Notice my hand. Please don't shoot me. I already had a son, a nephew killed by police. I've already had too many people. >> Okay, ma'am. I don't know why you're being so ignorant, but that's pretty. No, I had a son killed by police. Shot and killed by police. That's ignorance. >> Okay. >> Notice my hand. I'm keeping them here. >> Okay. >> Play semantics. That's fine. That's you watch. >> Semantics means meaning. I have a doctor degree. I know what semantics means. >> Doctor on social media way too much, man. >> Oh my god. I don't even use social media. >> I don't even use social media or Mick Cullen. I'm not doing anything. I'm just sick. I just [clears throat] >> Oh my god, >> Isaac, thank you very much. >> Ma'am, nice meeting you. >> Hey guys, can you just go that way a little bit? We'll talk to you in a minute if you guys want to go. >> Nice meeting you, Serenity. >> Okay, that way. >> Nice meeting you. >> What's up? >> I'd like to see your name. >> You like to see my name? It's Durant. >> Durant. Nice to meet you. I cut my hand earlier and I haven't >> Oh, you don't want to give me cooties, >> huh? >> Sure. >> I don't want to get my blood on you. So, >> man, where you guys come from? >> What do you mean? >> Right here. >> Let me go talk to Let's talk to the uh >> here. >> Where are you guys from? >> All right. >> Sir, did you call? >> Okay. I'm Sergeant Fidelis. How are you today? >> Okay. So basically, you call us cuz you think she's intoxicated while she's going to drive, right? [snorts] >> Is there anything else? Did anything else happen besides that? >> Uh, she's a traumatic individual. >> Okay. >> Getting emotional as the day goes on. >> Mhm. >> We're trying to go to the hotel and I was going to drive and then >> she refused. She wanted to drive. Okay. >> Yeah. >> Were you guys having dinner here or something? >> Yes. Yes. We were hang eating at Columbia. >> How many drinks do you think she had? >> You don't know. >> I I I know what she looks like when she drinks. She looks like she drinks a lot. >> This is past that point. >> Oh, I see. >> She take any medical conditions or anything that have any mental health or medical conditions? >> Yes, several. >> Have a seat, please. >> So, very ma'am, >> can you please just please What will you do to me if I don't? >> I'm not going to do anything to you, ma'am. Ma'am, >> because you keep walking away. >> I'm going to tell you one more time to have a seat or I'm going to make you have a seat. Do you understand me? >> You understand? You do not tell us what to do. We tell you what to do. >> Do you get that? Now get back over here and have a seat where I told you. I'm >> not in the right spot. >> Correct. >> I'm not in the right spot. >> I'm not in the right spot, everybody. I'm on the ground crawling, but I'm not IN THE RIGHT SPOT. MA'AM, >> you understand? You're making this worse for you, McMullen. >> I'm doing everything wrong. How much have we had to drink today? >> Jesus. >> Call the kids, please. Not bad, kid. Please. >> No, we don't need any more of your family here. >> You excuse me. I didn't mean that. I did ace French. I got an A in French. Excuse my French. I really didn't. Oh, please don't kill me. I'VE ALREADY HAD TWO MEMBERS OF MY family killed by Please don't kill me. Ma'am, do you suffer from ment any mental illness? >> I SUFFER FROM POLICE KILLING my family. >> Okay. >> Call Richard now. >> Do you suffer from any mental illness? >> He's taking their >> Stop it. That's bull. >> Oh my god. He's the one he couldn't drive. >> Oh my god. >> I'm not up. Would you mind just sitting in the car? >> I'm not allowed to get my phone. I'm not allowed to move. He said I couldn't sit over there. Alex, please get the phone and call Richard. Please call AJ. Call anybody. >> Sir, do you mind if I just get your driver's license just so I can document that we spoke to you? >> Sure. >> You're not in trouble or nothing. Okay. >> Okay. >> We just want to make sure that she's safe and all that. We don't want to. >> I'm her husband and she's not like that. >> No, she's just been drinking a little bit. I can smell alcohol on her. Yeah, we were in there and celebrating. We were on the um paddle board thing up the way. >> Okay. >> She's not like this. >> No, she's not disagressive normally. >> No. No. >> How many? >> How many drinks do you think she had, sir? >> Uh, three, four. >> Hard liquor or or beer? >> Alcohol that they had in there? I don't know. I was outside most of the time >> cuz I got a hip problem. I was driving. >> I don't need it. >> Question answer. No, >> sir. I initially wanted to drive. >> Oh my god. >> Drive. >> Oh my god. >> So I should drive because I'm not under the influence. >> I don't know about that. >> I'll stay here and let him. >> Ma'am, you're right. Please just face this way. If you could just scoot over a little bit just so we're not blocking the sidewalk for people. >> So I'm scared. I've already had people in my family killed. >> Okay. You've said that. >> I want to make sure everyone sees me. >> Said that 10 times already. Okay. >> I WANT TO MAKE SURE EVERYONE sees me. >> Okay. It is too. >> You want TO LET HIM DRIVE? Go ahead. >> That's That's too late for that. Okay. Could you please put your hands down, man? >> No. >> You want to do You want to make me put my hands down? Go ahead. >> You can. >> Here. Do anything you want me. >> What do you want? What do you want? Where do YOU WANT ME? HOW DO YOU WANT ME? HOW DO YOU WANT ME? >> NO. >> PLEASE. >> NO. They want you to drive. God, >> what's wrong with my driving? >> I will stay here till tomorrow. That's why we got a hotel here cuz we didn't want to drive home. We didn't want to Uber. We don't want to do anything >> outside the whole two hours. >> Oh my god. >> Oh my god. >> And we have a drunken son who didn't sleep for 3 hours and they got drunk and he called and that's who they listened to. It's okay. Do you see my hands? Please don't shoot me and kill me. Please. Please. Yes, I do have family MEMBERS WHO ARE KILLED BY COPS. Do you understand? Please. I am sorry, Sergeant. Oh, I'm trying to be the responsible. I'm trying to Jesus Christ. Help me. Help me. Help me. Help me. Please. I'm begging you. What do you want? Uber me back to my hotel. It's 6 minutes away. 6 minutes away. Please Uber me home. Please. Please. Please. Please. I'm scared. I don't know what to do with my hands. I don't know what to do with my hands. I had a son touch a tree and he had three cops car pulling over for touching a tree in downtown Tampa. Oh my god. You have no idea. You have no idea. You have no idea the stories I can tell you. >> What do I do with my hands? >> Oh, you can put them down like I've told you three times already. >> Where? Here, there. >> Where? >> I'm not going to play these games with you. Okay. >> I'm not playing a game. I'm dead. People have no idea. Have you ever lost a member of your family to the police officer? >> I'm scared. They won't let me stand up or do anything. I'm scared. >> You're starting to get to the point of disorderly. >> You told me I can't stand. >> You told me I I'm going to make sure everyone >> Can you listen? Can you listen to me? >> I'm scared. >> You're getting to the point of disorderly intoxication. Okay. I suggest you just calm down. So, I drank more since you and I have been sitting here. >> Have I I didn't say that. >> You said I'm getting to the point of >> correct the the >> Because you don't like me having my hands up. >> No, ma'am. You're bothering customers as they're walking by. >> Oh my god. Because you are here holding someone up on their gallon with their hands up. >> I told you multiple times you don't have to have your hands up. >> I do. You told me I can't stand up. You told me I could do this, but I can't do this. But I can't do I can't do that. But I could do but I could do this but I can't do that. So I'm gonna do this round. >> Why do you think she's acting like this? Is it just the alcohol or what else? >> You can put your You can lean up against the back of the car. All right. But you cannot walk around. You cannot move anything like that. >> Well, now I'm let me drive. You know, I got a hip got big pain. She was going to drive because I'm hurting, >> you know. And I said, "No, I should drive." And then >> I don't trust any of you. My nephew was killed. My father was killed. All of them were coming. >> This is true. What she's saying. She's having flashbacks or whatever. >> All I asked was to stand up. They told me no. And I begged them and they said, "Yeah, >> if you could turn around." >> Is that a lie? >> Could you turn around? >> Is that an order? I'm I'm asking. >> Is that an order? >> Wait. If you would like to say, that's fine. >> Thank you. >> It's embarrassing or something. >> No, you're the one. Yes. Please record it. >> I'm waiting. I'm >> sorry. I'm sorry you're having a bad day, but we're trying to help. >> All I said was, "Can I go back to my hotel 6 minutes away? Uber me. Can I take Uber?" AND THEY SAID, "NO." They said, "No, >> man. >> Chill out." >> They said, "I'm not allowed to go to my hotel." I asked for an Uber. They said no. >> You need to chill, man. >> They're firing me up. >> No. >> Fire me up. Stop it. >> You drive. They They think they should over there. >> She was. >> They said you should drive. >> Of course. >> I'll go sit over there until tomorrow. >> I will go sit over. I'll walk home. >> I got a hotel. Can I give me a ride to the hotel? Do >> you want to get out of >> all of you? Give me a ride to the hotel. Let him drive. You think he's better to drive? Give me a ride to the hotel. I just want to leave. I don't want that. >> Just be patient. >> For what? Okay, let me go back. Let me go back. Oh yeah, everybody's happy now. >> So, what am I going to have you do? >> You see my hands, right? >> Yeah, you're fine. Please don't kill me. >> I'm not going to kill you. Okay, listen. You see this red light? >> I do. >> Okay. >> I do. >> All I want you to do is take >> You're going to zap me? >> I'm not going to zap you. It's just the pen light. Okay. >> All All I want you is keep your head straight and I want you to follow the red light with your eyes >> and your eyes only. Okay. You understand? >> Yeah. Do the neurologist in the eye doctor. Sure. >> All right. You ready? >> You're not moving yet. >> I'm not I haven't started yet. >> You need to move it away a little bit. >> I have to hold it a little closer. >> My neck hurts though. >> Okay. Would you prefer to stand? Just go see if >> you ready. >> Just try to keep that head straight. Okay. >> It's okay. It's okay. Just try to keep your head straight. Okay. >> That way I can get this done fast. Okay. >> Try scrolling. >> Yep. >> Alex, scroll it, too. Sorry. >> It's okay. >> What? So, you're moving your head a little bit. Okay. >> I have neck issues. I can't turn my head. >> I don't want you to turn your head. I want you to keep your head straight. Hey. >> All right. Ma'am, I'm I'm almost done. Can I Can I finish this? >> Sure. I Do I have a choice? >> Yes. >> Do I? Yes. >> Or what? Go to jail or go to >> So >> I can't Uber back to the hotel. >> So So let So So let me explain my choices. >> So right now I'm conducting a DUI investigation. Okay. >> I'm not driving. >> Okay. So So right now I'm conducting a DUI investigation. >> I just want to go to my hotel. I've asked for an Uber. They won't let me. >> Ma'am, right now I'm conducting a DUI investigation. Okay. >> The field sobriety exercises which I'm performing are voluntary. Okay. >> This is not voluntary. >> Okay. I can't force you to participate. Okay? If you elect not to participate, I will ultimately make a decision based on the signs of impairment that I see presently. Okay? You understand? So, all I'm asking for is your cooperation to rule to rule out the possibility that you're impaired. >> I'm not driving. I'm willing to go Uber. I don't understand the problem here. >> But you were driving. >> I was not. >> Okay. >> I was not. >> So, are you willing? Did y'all pull me over on the street? Did you? >> Ma'am, are you willing to perform these exercises for me? >> It's a simple yes or no. >> I don't understand. I want to make sure it is clear. >> Oh, I want to make sure it's absolutely clear. Are you Are you willing to perform the exercises for me? >> The exercises are for what? To say that you pulled me over on the street. >> The exercises are for me to dispel the belief that you are impaired. >> I'm not I I won't drive. This is your >> You don't have to This is your opportunity to dispel my belief. >> Please stand up. >> Yes, you can stand up. >> Are you sure? >> Please stand up. >> Are you even willing to give me a hand? >> I'll give you a hand. >> Thank you, sir. >> Okay. >> Sorry. All I'm asking is Uber back to my hotel. >> You won't let me drive. Okay. >> Let me Uber. >> What's the problem? >> Are you going to let me finish my exercises? >> Okay. Excuse me. >> I am not driving. Are you going to let me finish my exercises? >> Why do you need to do that when I'm not driving? >> This is the last time. >> He's driving. >> This is the last time I'm going to ask you. Okay. >> I'm going to ask you a question. >> This is the last time I'm going to ask you. Are you willing to participate in the exercises? >> I have a question. I'm going to sit back down and hold my hands back up. >> Okay. >> He scares me. He really scares me. >> You can stand up, ma'am. I'm not asking you anymore. I'm telling you. >> I'm asking, can I Uber back to my hotel? >> Ma'am, you are under arrest right now. Okay. Stand up. Stand up. Stand up. You are under arrest for DUI. >> I'm not even driving, Alex. >> Just relax. >> I'm not even driving. >> All I want to do is get a Uber to the hotel. >> Just relax. >> You need to leave the restaurant. They're arresting me for DUI. I did not drive anywhere. I asked, >> you're going to get another charge. I asked for an Uber. I refuse. I asked for an Uber. Help. Help. Help. Help. Help. Help. >> Hey, hang up the phone now. Hang up the phone. Control. >> Hang up the phone. >> He's about to use his phone. >> Hang up the phone. >> I just did. >> I don't worry about that. >> God in heaven. All right, we're going to walk over to my car. I'm scared. I'm scared. >> There's no reason to be scared. >> You killed my father and my nephew. >> So, let me explain something. >> I'm scared. I'm scared. >> If I have to drag you to If I have to drag you to my car, >> I don't care. Beat me. >> If I have to drag you to the car, you're going to get an additional charge for resisting. Do you understand? >> Oh my god. Oh my god. Oh my god. >> 105 adult female. >> Do you understand? I will. >> Sure. Kill me. >> I stop moving. >> You told me to go. >> We're not moving yet. when I tell you to. >> We're going to bring the cruiser over here. >> What do I do? What do I do? I don't know what to do. I asked to stand and you wouldn't let me stand. I had to stand. >> I'm just asking you to stand still right now. >> Can you not be so pulling to the side right there? >> Oh my god. Oh my god. We're walking to my car now. Okay. >> Oh my god. Oh my god. You're walking to my car. >> Oh my god. Oh my god. Oh my god. Help me in Jesus name. Oh my god. Oh my god. I wasn't even driving and y'all are trying to arrest me for DUI. Help. Help. >> Relax. All right, real quick before I put you in the car. >> Do you have any weapons on your person? >> Uh, I don't know what you call a weapon. >> Anything that would poke stick harm me in any way? >> I'm going to tell you what. I'm a teacher. A pencil can stab you. >> Okay. Do you have a pencil on me that you intend to stab me with? >> No. >> Okay. >> Can you get your arm away from my breast? >> Stop. Get your arm AWAY FROM OH, THAT I HAVE A PROBLEM WITH MY RIGHT ARM. PLEASE, I have a problem. My heart hurt and please put it in front of me. It hurts. It hurt. MY RIGHT ARM HAS AN INJURY. PLEASE, PLEASE, you're hurting. >> I've explained this to you multiple times. You are now receiving an additional charge for resisting. Okay. >> Hey, Alex. Alex, I'm hurting. You're hurting my right shoulder. >> I'm trying to tell you my right shoulder has the sports injury. Oh my Jesus. I have to do it this way cuz it hurts. It hurts. It hurts. Oh, Jesus in there. >> If you were able to act civilized, we wouldn't had to do that. >> I was not civilized, Alex. >> Okay. All right. Now, having their right in mind that you've been arrested for DUI, I'm requesting a lawful sample of your breath so I can determine your alcohol content. Are you willing to provide me that breath sample? As long as you understand I was not driving. >> Okay. Are you willing to provide me the breath sample? >> Are you as long as that's under the statement I was not driving? >> Are you willing to provide me the breath sample? It's a yes or no. >> Yes or no? >> No. The answer is as long as you document I was not driving. >> Okay. I'm going to read you something that's called implied consent. Okay. >> Because you're refusing to answer my simple question. I am now requesting that you submit an unlawful test of your breath for the purpose of determining its alcohol content. Will you take the test? You refuse to answer me. If you refuse to take the test of requested of you and your driving privilege will be suspended for a period of 1 year if it's a first refusal or for 18 months if your driving privilege has been previously suspended or you've been previously fined under statute 327.35. I understand for refusing to submit to a lawful test of breath. I was not done. Don't even bother. Don't even bother because I was not driving. It's clear that she blame this guy. >> I was not driving. >> I'm going to restart. >> I was not driving. >> Once that threshold was established, she was not free to leave. Her repeated requests to take an Uber to her hotel were legally irrelevant. An active DUI investigation is a lawful detention, and a detainee cannot simply walk away. The field sobriety exercises were voluntary under Florida law. The sergeant advised her correctly that she could decline. Refusing, however, does not end the investigation. It becomes one factor in the totality of circumstances the officer weighs before making an arrest decision. She declined and the arrest followed based on the citizen complaint, her admission, observed impairment, and nearly 30 minutes of behavior. Under Graham versus Connor from 1989, that arrest clears the constitutional reasonleness standard. In custody, the implied consent warning was read as required by Florida Statutes section 3161932. She conditioned her answer on a written acknowledgement that she was not driving. Under Florida law, a conditional response is a refusal. Period. The fifth amendment does not protect against breath tests. The Supreme Court resolved that in Schmurber versus California in 1966. Refusing triggers administrative and evidentiary consequences, not a constitutional protection. When passive resistance continued during handcuffing, a resisting without violence charge was added under Florida statute section 84302. The force used was proportionate and falls within the Graham reasonleness framework. [screaming] >> Has been previously suspended or you've been previously fined under statute 327. >> Oh my god. [laughter] >> Oh my god. What are y'all doing? Oh my god. Oh, I hope YOU'RE PROUD OF YOURSELF. ALEX, are you so good? >> Oh my Jesus in heaven. Oh my Jesus in heaven. I Oh my I don't understand anything I heard. I don't understand anything I heard. I don't understand anything I heard. I don't understand either. I don't understand anything I heard. Because you're an [ __ ] That's why. Oh my god. I wasn't even driving. I wasn't even driving. I wasn't even driving. I wasn't even driving. >> Okay, ma'am. Can you get him? I'm going to help you in. Okay. Just watch your head. Watch your step. So I have one leg in first. One leg in make sure he has my purse at least. We got all your stuff for you. >> One leg in. >> Okay. One leg in. Watch your head. >> One leg in. Put in, Alex. >> One leg in, ma'am. >> One leg in. One leg in. Get in the car or we're going to make you get in the car. Okay. >> I know you will. You I've already had >> not only people killed by other leg. >> Oh my god. >> Thank you very much. >> Oh my god. >> Oh my god. Oh my god. I'm claustrophobic. Help. Help. I'm claustrophobic. I'm claustrophobic. I'm claustrophobic. Help. Help. Help. Help. >> Well, just so you know, she is under arrest for DUI. >> No. >> Yes. >> She shouldn't be. >> She's extremely intoxicated. >> Okay. She's on I don't know what she's on. It's probably uh probably alcohol and drugs if I could guess, but I'm not an expert so I don't know. Um but she clearly should not be driving. Okay. She can't even hold a conversation. >> That's why I was offering to drive. >> She was already driving. >> Yeah, >> she was driving. She >> did pull out the parking spot. >> She was in care custody control of the vehicle. Her sitting in the parking spot with the keys in her hand would still be the same thing. She she cannot do that. Okay. So, um I understand she wanted to Uber ride back to the hotel, but that's not we don't do that. She She's going to pull out of here and hit a kid on a bike and kill him and then she's going to go to jail for the rest of her life because for vehicular manslaughter. So, she can't she can't be doing that. I don't know how how often she does this, but it's unacceptable. All right. >> Hi. They don't care. Oh my god. They don't care. They don't care. They don't care. They don't care. Oh my god. Oh my god. Oh my god. Oh my god. They really don't care. All I want to do is get me out. Oh my god. They don't understand. They don't understand. They don't understand. Oh my god. Oh my god. Oh my god. Oh my god. Oh my god. I can't I can't breathe. I need out. I need out. I need out. You don't know. You don't know. I need out. You don't care. You don't give. You don't get it. Let me my ankles. Oh no. Thank you. I appreciate you for not letting me die. Thank you for not letting me die. I already had two members die from the I need Oh my god. I asked for an Uber back to the hotel. I asked for the Uber back to the hotel. You Why? >> You can't do that because you're in physical control of the vehicle. >> Why? No, I wasn't. >> I just can't believe this. I can't believe this. And he saved Isaac. I hate him. He can go get drunk all night. He can go coke. He can do whatever he wants. But God forbid. All he's got to do is make one phone call against his mom. Oh my god. I'm scared. Nobody's going to hurt me. I have to get to go. And they refuse. They refused. Everybody refused. >> Thank you. I got my hands in the air. I did everything they said. I did everything they said. Everything. Everything. Okay. I'm sorry. I got You >> have to pull on them. >> No. No. I have unusual wrist. Hey, wait. My I have une brain stem and so it's really hurting. You have no idea. It's okay. It's okay. I'll live. I'll live. Can I please stand up, please? >> You can stand. >> You can stand. >> All I ask is that you don't walk around. >> All right. All right. All right. Right here. Right here. Right here. >> Stay in that general area. That hurt. They twisted or something. Oh. What is it? >> Yeah, I'm still going to >> You can get it. >> You got me DUI. You're right. But you know what? If I got an accident, it would insurance would say it's private property. They would not issue anything. >> I would because you if you were DUI, I would give you a ticket and I would find you at fault for the crash. That's what I would do. We can play as many scenarios as you want. I can explain them all to you and I will be more than happy to do so. >> Again, insurance doesn't care. >> Listen, at the end of the day, you made a mistake. Okay? I just hope you don't make the same mistake twice because >> my mistake Yeah, >> I will rectify my mistake. >> I'm glad to hear that. >> I will make sure my son moves out. >> Okay. I just also hope you don't drink a drug. >> I can make sure I get an Uber and not rely on cops to help me in any situation ever again. >> Okay? >> And if any of my kids need an Uber, I'm going to say cops, don't don't try to get them an Uber. Watch out for the cops. Cops are not good. They don't do anything to help. They will either make sure you die or they'll arrest you. I hate to say that, but I have had no good experiences with cops. >> What it sounds to me like is that you're just having the inability to take uh responsibility actions. >> It is all you. >> You are the one at fault. >> You're amazing. >> Thank you. I'm glad you're such a man in uniform. >> Thank you. >> Sergeant Fidelis receives a B+. He maintained verbal deescalation for nearly 20 minutes before arrest, correctly advised the subject on voluntary exercises, and read the implied consent warning directly from the statutory form. What costs him the A is an early tone calling a visibly distressed person she was not in charge, while accurate was unnecessary. That line shaped the emotional register of the entire encounter. Sharper framing at the start likely shortens the whole interaction. Officer Durrence receives a B. His supporting role was clean. No independent escalation, no procedural errors. A brief moment directing the son to hang up his phone raised a recording rights question, but it resolved without any rights violation. The subject receives a C+. Voluntarily admitting to drinking was the most legally costly sentence of the night. Refusing lawful detention commands generated a separate resisting charge and conditioning the breath test answer converted a potential defense into a documented refusal. The son who called receives a C. Calling police over a genuous safety concern is defensible. But the husband's account raises unresolved questions about the caller's own condition that night and whether a family dispute factored into that phone call. This case compresses more legal lessons per minute than most footage twice its length. Before closing, here are five takeaways that matter the next time you are near a vehicle after drinking or analyzing an encounter like this one. Lesson one, in Florida, you do not need to be caught driving to face a DUI charge. Being near your vehicle with the keys in reach after admitting to drinking already puts you inside the reach of Florida statutes, section 3161 193. Lesson two, anything you say before arrest is on the record. Miranda versus Arizona from 1966 does not attach until custody. Every voluntary statement made before that moment is admissible and will be used. Lesson three, there is no negotiating implied consent. Florida statute section 3161932 does not allow conditional answers. You either submit or you refuse. And a first refusal means a one-year license suspension automatically. Lesson four, passive resistance is still resistance. Florida Statute Section 843 02 does not require a physical fight. Failing to comply with positioning commands during a lawful arrest can add a separate criminal charge to whatever brought you there. Lesson five. For officers, early tone decisions compound. A dismissive line in the first 60 seconds shapes how a subject responds for the next 30 minutes. Deescalation is not a tactic deployed at the boiling point. It is a frame you build from the very first word. The outcome was 9 months of probation, 50 hours of community service, 10 days of vehicle empoundment, and mandatory DUI classes. Every one of those consequences traces back to a parking lot and to choices made before a single set of lights ever came on. If this breakdown gave you a clearer picture of how Florida DUI law actually works in the field, drop your questions in the comments below. Subscribe to our channel so you never miss a breakdown like this.