My friend Jesus was driving. He ended up here. >> Sorry. You said Jesus. >> Yes. >> Like Jesus take the wheel. >> He was stupid. He did though. Tell me I'm lying. Tell me right now I'm lying. Jess. >> On November 1st, 2022 in Flaggler County, Florida. Deputies responded to a vehicle stuck on a dirt path near a service road, triggering one of the most misunderstood DUI investigations under Florida state law. The governing statute here is Florida statute section 316.193 which criminalizes driving or being in actual physical control of a vehicle while impaired. Movement of the vehicle is not required. >> Hey guys. >> Hey sir. How are we here? Can I hang up with you? >> All right. All right. Take care. >> Is that our dispatch you're talking to? Okay. >> Yes. I'm still me and other girl. Um, we came from Razles and her cousin was with her. Okay. >> Um, she was intoxicated. We took her keys and all that. We took her to her job and gave the keys to her co-orkers who they said would drive her. >> Where's her job at? >> She goes to Johnny De. >> Johnny De. >> Yep. So, um, we left. My friend and I left to go home. Um, >> and when we went home, at some point we got a call. So, I guess at some point her co-pers gave her the keys. Um, they're like, she's like, I'm stuck. She's crying. We put up her location. Where's the car? >> Where is she? Want to follow? Are they injured? Can I? >> No, she's not injured. She's just crying a sec. My friends, where is she? >> Do you want to go if I can go in the car? >> I'll have a cage so we can follow. >> It's going to be a little walk. >> Where is it? >> Um down that path by the water. >> All right. I'm going to back my car. >> Per one of the uh RPs. The vehicle's going to be down at the end of the service road in a just down the dirt path. Tell >> advise rescue just to look for our red and blues. Holy. >> She looks I guess she's Wash your Wash your feet. Wash your feet. >> Hey. >> Hi. >> Is anybody heard? >> No. No, we're not her. We're just stuck. >> Alissa. >> Yes. >> Alissa. Yes. >> Don't leave us. >> Sit in the >> We're No, we're literally stuck and I cannot get out. >> Okay. Okay. Hold on a second. >> I have a dog. I'm sorry. >> Stay there. Shut the car off. >> Shut the car off. >> I tried. >> Hey. >> What's up? You okay? >> I'm good. >> I know you. I'm from high school with you. >> I don't know. >> Yeah. Sam Bell. You know me. >> No. We literally My car I was at Wawa. I was parked out there all night at work at Johnny G's and someone let us drive. And yeah, >> that's my niece. We ended up >> who was in the car when this thing got stuck. >> And why was it back? >> My car is over there. >> Why was it back here? >> Cuz we ended up at Waw Wa. >> I was trying to get her in her car. That's my niece. >> Okay. >> Yeah. >> But why is it back here? >> You have no idea. We have I was driving. We have no idea. >> We were at Johnny De's at work at Johnny De's. I don't know. >> Okay. >> My friend Jesus was driving. He ended up here. >> Sorry. You said Jesus. >> Yes. >> Like Jesus take the wheel. >> He was stupid. He did though. Tell me I'm lying. Tell me right now I'm lying. Jess, your dad is Dave Blank. Tell me you've been lying. Her best friend was driving. >> His name is Jesus. He was dressed as Jesus Halloween and we ended up here. >> Her mom is on the way and we're lit. >> What's up? Either are you guys injured? >> No, we're good. This my brand new car. I'm just like sacks. I don't know what going on. My car I never go out. I ended up in Daytona at Razles. Like I'm lit. >> We just We just want to make sure that you guys aren't in >> No, we're good. >> Jess is supposed to be here. That's my mom. My other mom. >> Melissa, yall know Melissa. They're back down at the end of the trip. >> You didn't save us when we caught you. >> What? >> You better You're in no mood to be laughing right now. Don't touch me. >> I'm not. >> Don't even try that. >> I'm glad you think this is funny because I'm not laughing. >> No, it's not funny. But Melissa and Jess, they should be calling me cuz they're the ones that like they know what's going on. >> I don't think they do. And I don't think you do either. >> So call them. My mama's Melissa. Her mom is Jess. >> Oh, I know her mom. >> Call them. >> Yeah. >> Her mom is my best friend. Mama's best friend is call. >> This is Jolie though. He is >> That's fine. That's cool. That's fine. That's fine. >> You guys need them? Are you hurt? >> No, >> we're not hurt, but I want my mom and everybody else to give me home. >> Her car is stuck. >> Whoever's driving me home, I want to get me home. That's my car. I want to get home. >> You get your car. >> Are the key still in your car? Is your car turned off? >> It's in my purse in the white purse. >> Your ID in there and everything, too? >> That's all in there. >> Okay. You might turn off the car, pull the keys. >> I think they shut it off when we got here. >> Where my mom at? Your mom at? >> So, you're saying that she was driving? >> Yeah, my puppy. >> Where's your car? >> No, I was not driving here. >> What? >> I was not driving here. I work at Johnny De's. >> Okay. >> So, how'd you get here? You're from Razles, then. No, I was working at Johnny De. We um we ended up at the beginning of the night we went to Johnny De and then we were like, "Well, let's go to the club. It's Halloween, whatever." And we drove her back here to Johnny De's and I gave um one of her coworkers keys to her car and they're like, I was like, "Do not let her drive." She was fighting me to take her home. >> And um all of a sudden, she's calling me. I'm almost home. She's calling me. She's like, "I'm stuck. I'm stuck." I'm like, "What the?" We started coming down here and she's in the second ditch, >> right? I mean, it's pretty far off the road, >> right? How did you get over here? And she's like, "I have no idea." I'm like, "How do you not know?" >> Okay. So, you walked up here. >> I'll let you drive. Yeah. Me and Nate drove up here. Said, "Sir, but I have no reason to get arrested cuz I wasn't driving arrested." >> She was driving the car. >> Yeah. I love the police. Of course. >> Do you understand these rights? That's a yes. Okay. With these in mind, you want to talk to me or talk to him. Talk to any one of us. Okay, perfect. >> I love the police. >> That's my niece. I'm making sure she get home straight. >> Don't follow her. >> Lift up. >> Sam, just hang tight. >> I'm going to get my ID. >> Okay. So, you and me >> here. Just hang tight. >> You're not going to know what I mean. >> Here. If you want my keys, it's in the >> No, you can hang on to them. >> I know him. >> I know him. tomorrow. >> Yeah, I know him. >> Talk to me. >> That's Troy. >> Sam, talk to uh deputy. >> Yeah, >> that's my niece. >> All right. >> You don't You don't need her here. >> You go talk to him. >> That's fine. Let go for a minute. >> No. No. I'm not ready for I don't give a You're not going. >> Ma'am, if you don't mind letting go of her, I'm going to talk to her over here. >> Can you take the dog? >> That's my family. It's my niece. >> I'm going to talk to your niece with the dog so that she'll be able to take care of the dog. Okay. >> No, we're good. All right, >> we're good. I'll take my dog. >> No, ma'am. No, ma'am. >> That's my dog. >> You need to talk to the officer. >> You were driving. >> I was not driving. >> I was not driving. I was at Waw Wa the last time was in my car. >> Same. You got to let go. >> I'm not let him. He will take care of you. >> That's fine. That's my You're in my family. I'm not letting go. >> I'm not putting >> That was my car. I was not driving. No. >> The last time I was at Waw Wa is the last time I was at my car. >> Okay. >> And you can ask her. You can ask her. Right. >> Right. >> Sam, I'm not lying to her. >> You're right. I wasn't lying. You're right. >> She was driving. >> I was at I was at Wawa. >> I can't lie to them. >> I wasn't lying. Was I at Wawa or what? >> I don't know where the >> Did I drive from Wawa or what? >> I don't know. >> So, did I drive from Wawa or what? >> Sam, I don't say it right now. >> So, say it right now. Did I drive from Wawa or what? >> Sam, here's the deal. >> Is Dave your dad or what? >> Dave is my dad. >> So, did you So, did I drive from Walmart or what? >> Yes, you were driving. I was where the hell you were? No, I was at my house. >> Okay, so she doesn't know. Okay. So, she was only thinking she does know. Okay. >> She wasn't here, though. >> She wasn't here. That was my niece. I drove her from Daytona. >> So, she's cool. >> She's >> But I'm good. >> Not yet. >> So, call my mom. So, what about her dad? Cuz he's in the I'm 24. >> Okay. I don't need to call your mom. >> So, I drove her home. >> So, you drive? >> Yeah. No, not my car. We drove her car. >> Okay. A 2022. What? Sonata. What? Elantre. What? >> It was a Hyanda. I didn't drive my car from Wawwa. I parked my car on Waw Wa. >> Okay. You told me before that you did drive. >> I did from Wawwa. >> Okay. Now you >> Not my car. I did not drive my car. I put on God. I swear to God, I'm putting on my car. Call my mom. >> Why were you sitting behind the driver's seat? >> Putting on my mom, Melissa Bale. I didn't just get out the passenger side. >> No, you climbed over from the driver's side. >> I didn't put on my passenger side. So, call my mom. >> You climbed out of >> So, call my mom. She's Dave best friend. Call her. >> Call them. Call them. I'm not I'm not trying to not I promise you I'm not trying to not but I promise you call my mom. >> Okay, hold on one second. >> That's just best friend. >> Yeah, I'm deal. You're okay with that, right? Her Okay, >> there you go. >> He's got his leash on him, too. >> What? >> So, we're Are you're the person who called it in? >> I'm on the phone. >> Okay. Are you with her? >> I'm with her. Yeah. >> And friends with her as well? >> Yeah. >> I'm just trying to figure out the relationship here. They call herself cousins. Her mother's best friend is her mom. >> Okay. >> Um >> this is my best friend from high school. Yeah. >> I'm her best friend from high school. >> Okay. Um so what happened was we went to the um we were sober. We drove we drove um back home. We made sure she didn't drive or anything. We took her keys. I gave Izzles or from >> Yeah, from Razles. I personally gave >> We took her keys in the car. >> Yeah. I personally gave her keys to her co-workers who said they would drive her. >> Okay. >> We got back >> from Razles. >> No, from Johnny De. >> From Donnie De. Okay. >> She works. Um we got back to her house. Um >> on the other side of town. Okay. >> Um nothing wrong with us. We got a call right when we got got to the neighborhood. She's crying. She's saying I'm stuck. Um she was saying she's at Waw Wa and stuff. We She pulled out fine and I looked she kept saying wah wah wah. But I'm looking like that's the woods behind race track and Popeye's. So, um, >> we drove back. I stopped over there and I was like, I don't see car. I see dirt law. I don't know if there's a lot, but I want to walk just in case. And I walked. So, you were not seen for anyone. I walked and looked to my right and just saw those cars. I was like, that's not good. So, I ran over. Um, heard her crying. She seemed fine despite I couldn't like walk over and get to her, but I didn't want to risk it. >> Yeah. So, >> okay. >> And now we're got home. 7:30 in the morning. Call >> Dave. So, I'm fine. I don't go to jail. So, call Dave. He She put me in jail cuz she drove me home if you want to be honest. That's my niece. >> She drove me home. >> Okay. >> Okay. >> You're obviously getting all like a little >> That's fine. I'll go to jail. I don't give a I've been to jail before. >> That's fine though. You're just detained at this >> because I That's fine, baby. I know you. I went to high school with you. >> And how do you know me? >> Cuz I know you. >> You saw you in the hallway. >> Yeah, cuz I went to high school. At the end of the day, she took me home. >> I don't even remember you. That's a joke. >> HEY, ALYSSA, TELL THEM HOW YOU drove me home. >> Tell you Melissa Day blank. Tell them how you drove me home, please. >> Yeah. >> Can you shine a flashlight? >> Exactly. >> Tell them how they drove me home. >> There we go. >> Yeah. I drove your car safe. >> You take the bully. I don't know. >> Let's go this way. Let's go this way. >> You got to walk me. >> I don't have shoes. Walk me. >> I'm walking you. Which shoes are yours? Do you want me to grab them? >> They're in the car. >> What color are they? >> They're like black. >> Black. >> I had Yeah, I had sneakers on. I have white sneakers on. >> There's white sneakers in there. >> No, I have white sneakers, but I have black sandals. >> So, are your shoes the white sneakers or the black? The white sneakers is my car. I had white sneakers on all night, but you can climb my black sandals. >> Okay, >> it's fine. I'll walk. I'll go in. I ch You need your shoes or no? >> No, you can walk. >> Okay, let's just go up this path. >> Please. Are you walking? >> Yep. Shoes on. >> You're good. I got you. >> I'm literally like barefoot. >> Go this way. Go this way. >> I was not driving. Please. >> Okay. >> Please wobble. >> Yeah. Look. Go. Step right there. Keep going that way. Come on. Follow this deputy right here. Follow him. Follow him. >> I was not driving. I'm drunk. Please drive me. Where's Alyssa at? Alyssa. I'm a tire, too. You'll take I'll take this plane one time, but you bro, >> is this your car? >> Yeah. >> Can I just >> I'mma tell my mom, too. You know, please walk, bro. >> Okay. No, we're going this way. Please. Please just call my mom cuz I don't need to call your mom has nothing to do with anything. Alyssa's dad. Maybe the cop, bro. That's my head. >> Alyssa, >> sit down. >> You got me arrested for you. >> Arrested. >> I am sit down. Sit down. >> You get in the car. >> I'll be dying out. In Griffin versus state 457 socond 1070, Florida's second district court of appeal held that actual physical control depends on the driver's position, the location of the keys, and the operational status of the vehicle. The Florida Supreme Court went further in Fiselman versus state 566. So 2768 ruling that even an inoperable vehicle can support a conviction if the driver could reasonably attempt to make it operable. Probable cause for the arrest is evaluated under the totality of the circumstances test set forth in Illinois versus Gates 462US213 decided in 1983. The fourth amendment reasonleness of the seizure is governed by Graham versus Connor 490 US386 which requires objective evaluation from the perspective of a reasonable officer on scene. Miranda warnings were not required during roadside questioning under Burkimer versus McCarti 468US420. Routine traffic stop inquiries do not constitute custodial interrogation. The three validated field sobriety exercises come from the National Highway Traffic Safety Administration. Horizontal gaze nestagmas checks for six distinct clues where four or more indicates likely impairment at 0.08 blood alcohol concentration. The walk and turn exercise identifies eight validated clues of impairment where two meet the threshold. The one leg stand measures four clues and again two indicates likely impairment. The finger-to-nose and modified Romeberg exercises are non-standardized under NHTSA. Florida courts admit them as supplementary evidence, but they carry less evidentiary weight than the validated battery. Post arrest breath testing is controlled by Florida statute section 316.1932. The state's implied consent law. Refusal triggers automatic license suspension and admissibility as consciousness of guilt. The fifth amendment privilege against self-inccrimination does not extend to physical sobriety exercises. The Supreme Court made this clear in Pennsylvania versus Munis 496US582. The suspect's allegation of selective enforcement implicates the equal protection clause of the 14th Amendment, but requires evidence of discriminatory purpose, not merely disperate outcomes between parties. Warrantless arrest authority flows from Florida Statute Section 901.15, which authorizes officers to arrest without a warrant when probable cause for a DUI offense exists. move your foot. >> I will. >> Okay. >> I see a vehicle right here. >> What the did you do? >> Where's your dog? >> She's over here. >> Please. No. No. Stay in it. No. No. Please let me out of this. Put in the car. Put your foot in the car. >> Get me in here, but please. >> I got I got to ask you a couple questions. All right. >> That's fine. >> Are you willing to participate in field sobriety exercises? >> That's fine. >> Okay, you will. >> Yeah, but I didn't drive. That's fine. I will. >> Okay. Well, we're going to move you somewhere over there where it's a little bit more flat. >> That's fine. But I didn't drive here. I hope you know that. >> Alyssa right there. She drove me home from Daytona. >> Okay. >> I hope you know that. Dave Blank, she drove me home. Her daughter, his daughter. And my mom knows that. Melissa, she's right here. >> So, you willing to do the FSE? >> Yes, I am. But I did not drive. >> Okay, we're just going. >> So, do you know that? >> All right. >> That's my over there. >> That's my high school. Do you know that though? >> Watch your leg face. But do you know that I was driving you over there? >> Do you know that? >> What is she doing? >> But before I do the surprise, you all know that. >> Do we know what? >> I did not drive here. >> Okay, we're past that. Okay. >> No, I'm asking. Put your leg in the car. >> No, I'm asking. Do you know that? >> Okay. Cuz they know his daughter right there. Alissa drove me home. >> Slide that back in the car, please. >> We're not fight. >> Sam, are you ready? >> Let's go, too. Yes, I remember. I do. I did not drive my car tonight. I swear to God. Go >> ahead. Face the car. Everything I love. >> Face the car. Let me take these off. Okay. >> Please. I did not drive my car tonight. TK5 2021. I did not drive my car. >> Leave any bike, buddy. When I take this off, put this on top of your head. Okay. >> I did not drive my car from Johnny De. I work at Johnny De. >> Going to use this left line right here. >> That's fine. >> Stand like that. >> I'll work on it. >> Put together. >> No, no, no, no. Don't start. Just stay right back here. >> Stop. >> I'm sorry. >> I just said stand there. >> Stand. Okay. Can you take a deep breath for me, >> please? >> I'm just mad that my friend, her dad is the cop, so she's just >> She's not drunk. >> She's the one that drove me home. >> Alysa, she drove me home. We're not That's fine. I don't want her to get in trouble. >> I want you. >> Hey, I remember you and I remember Troy and I remember everybody. >> Can we just listen? >> That's fine. Yes. I'll put it. Yes. >> Focus. >> Yes. I'm focusing. >> You want me to go? >> Yeah. Hold on. He's going to grab me a sheet. >> I just It's up that her dad is a cop, so she was getting away with this and she drove me home. That's up. My mom was just here. I just bought that car. Well, >> which car? >> The K5. >> Oh, the Kia. >> Yeah, the white Kia K5. She drove me home and I'm in trouble. >> All right, Sam. I'm Deputy Oliv County Sheriff's Office. Okay. Today it's uh >> October 31st. Yeah. Now the 1st. Yes. November 1st, 2022. >> Yep. >> 2021. I got you. I'm not drunk. She's 4:01 a.m. Yes. >> All right. >> Going home a mile up the street. I just want to go home. >> She used to be to go in the I'll take her to court, but I don't give a about >> Okay. Would you listen to me, please? And stop. Stop your eyes at people. Yes. >> Stop. >> Yes. >> All right. State your name for me. >> Samantha. >> All right. Do you have any problems with your backs, legs, or balance? >> Not. No. >> No. You be not being treated by a doctor or anything like that? >> Yeah, but no. >> Okay. >> Not that I need you to know. >> Okay. I'm going to demonstrate some field sobriety exercises and then ask you to perform the exercises. Okay. >> Yeah. You're good. >> Do not begin or attempt the exercise until I tell you to begin. You're good. >> Part of my determination of whether you intoxicated or not is your ability to follow instructions. Do you understand? I got you. Will you attempt these exercises? Yes or no? >> Yes. >> Okay. >> All right. So, the first thing I'm going to check is I'm going to check your eyes. Do you wear contacts or glasses? >> Not that I know. >> Not that you know. We probably know, right? >> All right. So, what you're going to do is you're going to stand with your feet together, arms at your side. Okay. Keep your head still and I'm going to You're going to follow tip my pen with your eyes. Okay. Tip my pen. See it right here? And you're going to do so until you're told to stop. Do you understand? >> Yes, sir. Tell y'all playing me this easy. Did you do this to Alyssa? I'm being serious. She's the one that drove me. Did you do this to her? Cuz her dad is the owner of the the cop. >> I'm just curious. I'm not trying to interfere, but did y'all do this to Alyssa? Cuz I know her dad's Dave, but did y'all do this? >> Cuz she drew me home. >> Okay. >> I'm just making sure. >> Next exercise. You ready? >> Yeah. >> I'm walking. I'm straight. I'm good. >> Probably. Nobody buys FS. >> Uh, next one is going to be the walk and turn. Okay. So, I'm going to demonstrate. I'm not going to be on the line, but I'm going to demonstrate how it works. Okay? Stay right there. >> All right. You're going to stand with your again. Stand with your feet together, arms. Okay. >> 24 >> 54. >> Hold on. >> I'm getting there. Okay. >> All right. So, you're going to place your left foot on the line. >> Okay. And you're going to place your right foot in front of your left foot with your heel touching your toes. You understand? >> Just like that. Okay. Look. >> All right. With your arms at your sides. You maintain that position until I tell you to stop. >> So, go ahead and do that. Arms at your sides. Right. We got it. Right. Left foot on the line, right foot in front of your left foot. >> Yes, sir. >> When I tell you to begin, you're going to take nine heel totoe steps on the line. You're going to take nine heel to toe steps back. When you turn, keep your foot on the line and turn by taking a series of small steps with the other foot. So, it's going to look something like this. One, two, three, four, >> five. Right. >> And then you're going to leave your foot on the line. And you're going to take small steps while keeping the foot on the line. >> One, two, three, four, >> nine. >> Five until nine. Do you understand? >> Make sure you stay on this line right here. >> It's this yellow line right here. Okay. >> My dog. >> All right. Do you understand all those instructions I've read to you? >> Yes, sir. >> You understand my demonstration? >> Yes, sir. >> Okay. >> So, you're not you're not really understanding cuz you got to stand in that position, right? So, >> Oh, yeah. 12 9 I got you. >> So, left foot, right foot in front of your left foot. And now begin. >> Four, five, six, seven, eight, >> I'm telling you, I got you. I know what I'm doing. >> A little lit. I'm not going to lie. Keep going. >> No, you can stop. >> My mom, stay here. >> All right, let's try a few more things. Okay, so we're going to do it again. You stand with your feet just stand back a little bit. You stand with your feet together, arm at your sides. Okay, and do not begin the exercise till you're told to do so. Do you understand? Yes, sir. >> All right. When I tell you you're going to raise one leg, whichever one you want. Okay? >> Approximately 6 in off the ground. So, it's about maybe about that high. Okay? Not yet. >> This little higher, about 6 in. About a soda can. All right? You're going to keep your foot parallel to the ground. You must keep both legs straight and your arms at your sides. When you're holding that position, count out loud in the following manner. 1000 1 3 until told to stop. While you are counting, look down at your raised foot and keep your arms at your sides. Do you understand? >> Yes. >> And just keep walking one foot. >> I'm going to demonstrate for you. Okay. >> All right. >> You're going to see like this. Any foot you want, right? 1,00 1,002 1003. While looking at your foot with your arms at your side. 1004,005 until I tell you to stop. Okay? >> Do you understand? >> Yes, sir. >> All right. When I tell you to begin, then I want you to begin. Okay? >> In one spot, standing. >> One spot raise either foot. Yes, sir. >> And start counting. Okay? You may begin. It's high enough. It's high enough, sir. >> Mhm. Okay, you can put your foot down. Hold on, >> Sam. My whole life. >> I'm just asking though, like genuinely, did you do this to my niece that drove me home? Cuz she drove me in. >> I know Dave is her. I'm just asking though genuinely. >> Let me get through this real quick. Okay. >> Do I have a law? No, I'm not. It's not against you. I'm just asking. >> Okay. Not yet. Jess is gone and she's not here. >> The last thing we're going to do is the finger to nose. Okay. >> Oh, that's fine. >> All right. So, again, we're going to stand with your feet together, arms at your sides. >> All right. So, what we're going to do is you're going to take the tip of your finger, which this is the tip of your finger, right? This is the pad. Okay. So, your tip of the finger to the tip of your nose. Okay? It's going to look like this. All right? So, stand with your feet together, arms at your sides, and do not begin to you're told to do so. Do you understand? said, "Isn't my dog okay?" >> Yes. All right. When told to begin, >> uh, I think Alyssa does. So, when told to begin >> Oh, the girl that drove me home. Okay. All right. Go. >> Are we going to You going to listen? >> Yeah, I'm listening. >> Are you sure? Cuz it doesn't seem like you're >> positive. I just can't believe she drove me home. She's gone. >> When told to begin, you're going to close your eyes. You're going to tilt your head back. Okay. I'm not closing my Don't begin yet. >> Yes. Uh-huh. >> All right. I'm not going to close my eyes for safety reasons. Okay. Yes, sir. >> Tilt your head back. You're going to take the tip of your finger and you're going to I'm going to say left or right. And you're going to go just like that and bringing your arm right back down. Do you understand? >> Yes, sir. >> Okay. >> Did you say left? >> Yep. So, after you touch, automatically return your hand back to your side. Wait for the next command. >> Yes, sir. >> You'll be asked to do this three times with each hand. >> Okay. Do not open your eyes or tilt your head forward until everything's over. Do you understand? >> Yes, sir. >> All right. Tilt your head back. Close your eyes. Arms at your side, feet together. Okay. Left. Uh-huh. >> Okay. But you remember what I said. Put it down after touching. >> Right. Right. Left. Left and right. Okay. Okay. And relax. >> I'm sorry. >> She did not just the time on that one. Just the timing on that one. Yeah, everyone else was. >> Okay. So, I think we got enough of winning. >> Is that all? >> Mhm. >> Was that this? >> Go ahead and tilt your head back for me right now. >> What? >> Tilt your head back. >> Put your head back. >> Close your eyes. Count backwards from a th00and. Okay. >> My head's 99. >> So, let me tell you what's happening. You're being placed under arrest for DUI. Okay. >> Why is that? Huh? >> Why is that? You were Well, let me just >> If I didn't drive, why is that? >> Hold on a second. >> So, you don't have to drive. You have to be in physical actual physical control of the vehicle. >> So, isn't getting Let me finish. Let me finish. Let me finish. He literally saw you in the driver's seat vehicle. >> Alyssa dr me here. >> You're not hearing me. >> So, call my mom. >> Call my mom. >> Oh, we're not call >> cuz she Alyssa has her dad is a cop. >> So, she drove me here. So, it's cool. >> Go ahead. >> Why am I getting a DUI? I just told you >> that all that >> but Al Alyssa and she's cool >> cuz a Dave is her dad. >> It has nothing to do. >> So call him. So call him right now. No before I get in the car. Call him. No. Get in the car. >> No. Call that. Where's my mom? Watch out. Watch out. >> My mom is just here, bro. Where's my mom, bro? >> Get in the car. >> Yo. Where's my mom? Bro, >> get in the car. >> Where's my mom, bro? >> Get in the car. >> We're recording this. Where's my mom? >> Get in the car. >> Where's my mom? Where's my mom? >> I'm not playing with you. >> Where's my mom? >> Where's my mom, bro? >> Where's my mom? >> Get in the car. I don't want to hurt you. So, where's my mom? >> Get in the car. I'LL LET HER TALK TO YOU. >> OH, GO with it. Where's my mom? >> Then go. She's right over there. >> Get in the car. >> Sit down, please. >> Where's my mom? >> Ma'am, sit down, please. Get in the car. >> Bro, where's my mom? >> So, you let a drunk 18year-old go, but not me. A 24 year old wasn't even driving. Are you kidding me? Are you kidding me? >> With the legal framework established, we turn to grades. The investigating deputy earns an A minus for correctly applying the actual physical control doctrine, administering NHTSA exercises properly, and executing the arrest without excessive force. The subject earns a D. Her shifting explanations, verbal confrontation, and failure to invoke her fifth amendment right to silence undermined her legal position at every turn. The sober friend earns an A+. She served as designated driver, confiscated the keys, arranged alternate transport, and summoned law enforcement when prevention failed. The Flaggler County Sheriff's Office earns a B+. Response was prompt and procedurally sound, though the handling of the second potentially impaired individual deserves independent review. This encounter leaves behind practical lessons every driver and every citizen should understand. Here are the five most important. Lesson one, in Florida, you can be charged with DUI without ever moving the vehicle. Sitting in the driver's seat with keys accessible meets the actual physical control standard. Lesson two, shifting your story to law enforcement is worse than silence. Every inconsistency becomes evidence of impairment and consciousness of guilt admissible against you at trial. Lesson three, field sobriety exercises are voluntary in most states. Politely declining is legally protected, though breath testing itself falls under implied consent and carries separate penalties for refusal. Lesson four, named dropping law enforcement connections during an investigation is not a defense. The equal protection clause requires evidence of discriminatory purpose, not merely different outcomes. Lesson five. The strongest DUI prevention is a sober friend willing to physically remove keys and arrange transportation. Legal defenses after the fact are far more expensive than prevention before the fact. If you found this legal breakdown valuable, give the video a thumbs up, drop your perspective in the comments, and subscribe to our channel for more in-depth analysis of real police encounters.