Well, you're going to jail today. >> I'm going to jail. >> Yes, sir. >> On the night of February 1st, 2024, a traffic stop in Hawaii set off a chain of legal decisions that would cost one driver his license and land two people behind bars. >> Hi there. >> Hey. >> What's going on tonight? >> Uh, not a lot. >> Not a lot. Well, sir, excuse me. >> Okay. Well, the reason I'm stopping you is you can't maintain your lane. You're all over the place. Yeah, we we we were just maintaining our lane. Uh I >> You got a license on you? >> Yeah. >> Where are you coming from? >> Oh, we were coming from the bar. We We sat there for a couple hours. >> Okay. Is that what the open containers are right there? That might lemonade. >> These These are old. These are very old. You can you can touch them. They are very old. >> Okay. Well, let's don't throw them. Okay. Is this a good address for you in Leman? >> Yeah. >> All right. You have the registration insurance? >> Um, I don't have the registration. Uh, I have the insurance on my phone. >> Okay. >> Have you had anything to drink today, sir? >> I I have had a couple beers before. I just got off of work a couple hours ago. >> Okay. And what do you do for a living? >> Uh, I'm a manufacturing supervisor. >> Okay. >> So, I don't have insurance right now. >> Okay. >> Are you just looking up the insurance on the app? >> I I have State Farm insurance on my home. Um, I actually don't have insurance on the vehicle. This is a rental. >> Okay. >> Yeah. Uh, so uh I I I'm actually an Uber driver. >> [music] >> Are you doing Uber right now? >> No. >> No. >> All right. Give me just a moment. Okay. >> Okay. >> Were you looking at the insurance or something there, sir? >> Were you looking at the insurance or something there? >> I I was looking up the insurance. I I don't have insurance on the vehicle, but it's it kind of built in for the insurance for an Uber driver. >> Okay. >> Oh, you mean it's like for Uber if you're Uber driver? >> Yeah. Is there something in the app or something like that you can pull up then or be able to do that real quick? >> Uh I can pull up my my Uber driver app. >> Yeah. >> Marshall, can I have you step out of the car and step back here and talk to me, please? >> Oh, yeah. >> Let me ask a couple questions. Okay. >> Sure. >> Are you sick or injured? >> No. >> Are you diabetic? Absolutely no. >> Do you take insulin for any reason? >> No. >> Are you epileptic? >> No. >> Do you take dilin? >> No. >> Do you have any physical defects? >> No. >> Are you currently under the care of a doctor or a dentist? >> No. >> Do you have a glass eye? >> No. >> I know you're wearing uh glasses, but are you wearing contacts also? >> I am not. >> Okay. What color eyes do you have? >> Uh I have brown eyes. >> Brown. Okay. Can you flip your hat backwards for me? >> Sure. >> Can you see this red pen? >> Yeah, I can. >> If you put your glasses up on the top of your head like this, can you still see this red pen? Absolutely. >> All right. Can you put your glasses up on the top of your head for me, please? >> Sure can. >> All right. Let's put our feet together. >> Sure. >> Arms straight down at our side, not in our pockets. >> Can you still see the red pen? >> Yeah. >> All right. It's going to move side to side. I want you to follow that with your eyes and your eyes only. Do you understand? >> Sure. >> If you need to blink, feel free to do so. Okay. >> Okay. It's going to stay over there. Keep looking at it. Okay. >> Okay. >> Don't move your head, though. For the record, I would not do this if I didn't feel comfortable. >> Okay. It's going to change directions. >> Would you be willing to do a couple of fields Friday exercises for me? Consist of a walk and turn, one leg stand. >> I mean, I would [clears throat] be willing to, but I I also have a time frame that I have to meet. So, >> okay. What's the time frame? >> The time frame is that this person has to be home in the next 10 minutes. So, >> okay. Well, >> you said you weren't doing Uber right now. >> I wasn't, but this this this person is my friend. And >> Okay. What time do they have to be home? >> They have to be home the next 10 minutes. >> What time do they have to be home by is what I'm asking. >> Less than 3:10. >> Less than 3:10. Okay. So that's an odd time to have to be home by. Well, sir, I would like to have you dispel my suspicion that you were impaired. To do that, I would request you do the walk and turn in the one leg stand. Your refusal to do so can be used against you in court. And if I have to base my judgment on your level of sobriety right now, I do not believe that you are sober. >> Okay. All right. I I completely agree with your dispute, but I also would agree with the fact that I have to foresee other matters. So, I'm going to go ahead and say that I need to get this person home. So, >> So, are you refusing to dispel my alarm that you are impaired? >> I'm going to dispel. Yeah. >> You want to dispel my alarm? >> Yeah. >> Okay. So, you're going to do the walk and turn on the one leg stand? >> Uh, I'm not going to do either of those. >> Okay. And you understand that your refusal can be used against you in court? >> Oh, yeah. I understand. >> Okay. Well, you're going to jail today. >> I'm going to jail. >> Yes, sir. >> Okay. So, so what if what if I do the >> 6 10:15? I don't know. >> No. What if what if I give you 10? >> I can do that. No problem. >> No, we are done with we're past that part, sir. This is outrageous. >> What's outrageous is you are very impaired. >> I'm not impaired at all. >> Well, I'm going to offer you a breath test and you can prove that to the courts by taking the breath test. Absolutely nothing. This is our break. >> You don't see the world. >> You just felt around all my balls. >> You need to make sure you don't have anything tucked up in there. Sir, come on over here. Sure. You going to let me know that you just abandoned the burn? She's not abandoned in the car, sir. >> Yes. Yes. This is a house. >> All right, sir. Go ahead. Step in. >> Okay. >> You feel comfortable now? >> I feel much more comfortable knowing that you're not going to kill somebody or yourself. >> Okay. Yeah. Thanks for that. >> Put your glasses back on. You give me You give my hat back, by the way. >> By law? No. >> Yeah. >> And she's going to have to get a ride home. >> Yeah. >> So much for being home in 10 minutes. >> Hi there. >> So, your boyfriend here is going to jail tonight. So, how can we get you home? >> No, you can't walk. You're too impaired to walk, ma'am. >> I can walk. >> No, ma'am. We can't let you walk. So, how about you call an Uber or call a friend? Huh? You can't call a friend to come pick you up? >> No, I walk. >> No, ma'am. You're not walking. You are too impaired to walk. >> Okay, here's the option. All right. You call somebody to come get you. You get an Uber or you go to the jail and you sober up. Those are your three options. >> Walk. >> Walking is not an option. Ma'am, you are too impaired to walk. >> I live right down the road. It doesn't matter. >> All right, step out of the car. >> VPN to help keep your info secure. >> Am I under? >> Ma'am, we need to tow the car. I need you to step out of the car for me. >> Really? >> Yes, ma'am. Please step out of the car so I can tow it. Ma'am, step out of the car. Don't touch that. >> Really? >> Step out OF THE CAR. >> WOW. WOW. Would you stand up me out of the seat? >> Stand up. >> All right. Now you're going to jail. Serious. >> Yes. >> No. No. Is that what you call it? >> Classic classic classic definition of resisting actually. >> So I can't grab my phone and >> walk. Ma'am, you can't walk. >> I can't pick up my phone. We'll get your phone. >> We'll get it for you. >> Come on. Walk. >> No, he has to be on real Wow. Yeah. >> Stand up. >> Jackie, can I grab my phone and my wallet? I don't know. Hi. >> Widen your stance. Widen your stance. Ma'am, can you get that leg over there? I'm not going to put them in the car together. I'll do the viper. I'll knock off the viper. >> I didn't do anything wrong. >> Really? You guys, >> what are you doing? Stand up. Very simple. >> I want my phone and my really Have a seat. >> No. >> Get in here voluntarily or you're going to get forced in. >> Step in the car. >> I want my phone and my >> We're going to get your phone. Step in the car. Ma'am, >> we're just going to pull you into the car and then you're going to get two charge of resistance. Can >> manhandle me like that? Put your feet in my phone. Here, let me have the phone. I'll put it in here. This was his phone. Go ahead. Step out for me. >> Sure. >> With pleasure. >> Walk to that red door, please. >> Perfect. >> Stand to the left of the red door. >> Does that mean that way? >> Go ahead. Walk in. >> Yep. >> Go to your left. >> This is right here. Go ahead. Have a seat. >> Open up your route for me. >> Thank you. >> Oh, yeah. >> All right, sir. I'd like to ask you some questions. In order for me to do so, I have to redeem your rights. >> Yeah, sure. >> You have the right to remain silent. >> All right. So, you understand your rights then? >> Absolutely. And do you wish to answer any questions? >> Uh, no. >> All right, sir. I'm now requesting that you submit to a lawful test of your breath for the purpose of determinance I'll call it content. >> And I will absolutely deny that test. >> Okay. These are the consequences for refusing. Okay. If you refuse to take the test I requested of you, your drivinging privilege will be suspended for a period of 1 year for your first refusal or 18 months if your driving privilege has been previously suspended or if you have been previously fined under voting statute 327.35215 for refusing to submit to a lawful test of your breath, urine or blood. >> So what does that say? If the test reads under 08, which is actually the driving legal, >> it won't. I know that for to be for sure. >> You don't know that. >> I do. >> You don't know that. Additionally, if you refuse to take the test I have requested of you and if your driving privilege has been previously suspended or if you have been previously fined under that same boating statute 327.35215 for a refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor in addition to any other penalty which can be imposed by law. Refusal to submit to the test I have requested of you is admissible evidence in any criminal proceeding. Do you understand what I read to you? >> Y. Okay, understanding that. Do you still refuse to give me the breast sample? >> Under the unlikelihood that is 09. Yes. >> Okay. >> The stop itself was initiated because the officer observed the vehicle failing to maintain its lane, a lawful basis for a traffic stop under the fourth amendment as established in Delaware v. Prowse 440US 648 1979. Under that ruling, an officer who observes a moving violation has reasonable suspicion to initiate a stop. The standard is objective, meaning the officer's subjective intent is irrelevant. Only the observable facts matter. Once the stop was initiated, the officer detected indicators of possible impairment. At this point, the encounter shifted from a routine traffic stop to a DUI investigation, triggering a separate body of constitutional law. The officer administered the horizontal gaze nestagmas test, one of three standardized field sobriety tests validated by the National Highway Traffic Safety Administration, commonly referred to as NHTSA in 1998. These tests are designed to give officers probable cause to arrest for DUI. However, under Dalbert v Merald Dao Pharmaceuticals 509US 579 1993, the reliability of such tests can be challenged in court. When the driver was asked to perform the walk and turn and onele stand tests, he declined. That refusal is legally significant. Under Florida statute section 322.261, a driver's refusal to submit to lawful sobriety testing is admissible as evidence in a criminal proceeding. The officer made that consequence crystal clear. The driver acknowledged the warning and still refused. That exchange matters in court because it removes any claim that the refusal was uninformed or coerced. Following the arrest, the officer read the driver his Miranda rights as required by Miranda v. Arizona 384 US 436 1966. The driver invoked his right to remain silent, which is constitutionally protected and cannot be used against him as evidence of guilt. The officer then formally requested a breath sample under the implied consent law. In Hawaii, implied consent is codified under Hawaii Revised Statute Section 291E-11. By accepting a driver's license, a driver automatically consents to chemical testing when lawfully arrested for DUI. The driver refused the breath test as well. Under Hawaii Revised Statutes Section 291E-6 to8, a first refusal results in a one-year administrative revocation of driving privileges, regardless of whether the driver is ultimately convicted of DUI. This is a critical distinction. The license suspension following a breath test refusal is an administrative penalty handled separately from the criminal case. A driver can beat the DUI charge in court and still lose their license for a full year. As for the passenger, the situation escalated when officers determined she was too impaired to walk safely and asked her to exit the vehicle so it could be towed. Her refusal to comply with that lawful order triggered a separate legal outcome. Under Florida Statute Section 843.02, resisting an officer without violence is a first-degree misdemeanor. The key legal threshold is whether the officer's command was lawful and whether the subject's resistance was intentional. Both elements were present here. The officer had lawful authority to secure the scene and arrange for the vehicle's removal. The passenger's refusal to exit the car and her physical resistance during the arrest met the statutory definition of obstruction. Now, let's evaluate the parties. The officer receives a B+. The initial stop was legally sound. The DUI investigation followed proper NHTSA protocol and Miranda rights were administered correctly before questioning. The officer also handled the implied consent advisement by the book, clearly informing the driver of the consequences before the refusal was recorded. Where the officer loses points is in the handling of the passenger, where the escalation to arrest could have been avoided with earlier and clearer communication about her limited options. The driver receives a C+. He was polite and did not physically resist. However, his decision-making throughout the stop reflects a fundamental misunderstanding of how DUI law works. Refusing field sobriety tests and a breath sample does not protect you the way many people assume it does. His refusals were treated as evidence against him. His license was suspended administratively and he received mandatory ignition interlock requirements on top of probation. In DUI cases, cooperation when combined with a low BAC reading is often a better legal strategy than blanket refusal. The passenger receives a D. While her underlying intoxication was not a criminal charge in itself, her decision to physically resist a lawful order turned what could have been a minor inconvenience, calling a ride home, into a criminal conviction and a $500 fine. This stop produced outcomes for two people that were almost entirely avoidable. That makes it worth breaking down the key legal lessons embedded in this footage. Lesson one, failing to maintain a lane is a valid stop. Officers do not need probable cause to initiate a traffic stop. only reasonable articulable suspicion of a traffic violation. Swerving once is enough. Lesson two, refusing sobriety tests is not a shield. In most states, refusal to perform field sobriety tests or submit to a breath test is itself admissible evidence. It does not prevent arrest and it guarantees an administrative license suspension regardless of the trial outcome. Lesson three, implied consent is real and binding. The moment you accept a driver's license, you consent to chemical testing during a lawful DUI arrest. Refusing that test after arrest triggers mandatory administrative penalties that operate entirely outside the criminal court system. Lesson four, your Miranda right to silence cannot be held against you. Once invoked, questioning must stop. However, the right to silence applies to self-inccriminating statements, not to the lawful request for a breath sample, which is governed by implied consent law, not the fifth amendment. Lesson five, resisting a lawful order always makes things worse. Even if you believe the order is unfair, physical resistance during a lawful arrest or lawful vehicle tow escalates a civil inconvenience into a criminal misdemeanor. The place to fight unlawful orders is in a courtroom, not on the street. 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