I I I shouldn't be driving. I'm sorry. I shouldn't be. >> You're going to be placed on arrest tonight for DUI. Okay. >> In South Florida, a stranger called 911 after finding a young woman unconscious behind the wheel of a parked car. What followed is a textbook DUI investigation worth breaking down beat by beat under the law. Under Florida statute section 316.193, a person is guilty of DUI when in actual physical control of a vehicle while their normal faculties are impaired. The car does not have to be moving. Unconscious in the driver's seat is enough. >> 3625 Blue Honda Florida Papa Yankee Golf Whiskey 43 PY 343 problem,000 and now my data is clean. >> If you have a tax problem, you need Optima tax now. >> Call Optima Tax Relief for a free consultation. Uh, Hong Kong just 1999 800 928 928. >> She was following behind me. Officer >> kind of like came in about a/4 mile from I pulled off. She came in behind me. I thought she was going to hit me. Okay. >> I pull off and I just follow her. Make sure you know what she passed out here and call you guys. >> Hello. Police department. Hello. Hi. You okay? You all right? What happened? >> Please park, man. >> Park. >> Yeah, it's a park. >> It's park. Off. Off and in park. >> What's up? >> Hey. >> Yeah. Why are you doing this to me? >> 36, you can uh slow the other PD unit. >> FD's on scene as well. >> Going arrival unit slow 1645. >> What's your name? >> Payton. >> Payton, where you headed to? Payton. >> I have no idea where I'm heading to. >> Okay. Where are you coming from? >> From Boon. >> From Boon. >> Yeah. >> Okay. Are you about to bash on me right now? >> What's up? >> I'm sorry. What' you say? >> Um, I have no idea where. >> Okay, no problem. Do you have your license on you? Thank you. >> Thank you. >> What was your name? >> Wait, what? >> What? What? What is your name? >> I'm Jada. >> Jada. What's your What's your uh date of birth? Jada. How about that one? How about that ID? How about that ID? That's uh polka dot right there with your actual picture on it. >> Miss Payton. >> Okay. You do like a assessment or anything like that or take a vital uh you know, maybe do a blood sugar or something like that. >> I'll go home. >> No problem. >> Wait. and see if it's a medical or if it's just >> for us. >> Yeah. >> Hey, get give us a second. Fire rescue's just going to take some vitals. Okay. All right. >> They're going to check my vitals. I'm done. >> Yeah, I am an idiot. Bye. What's your name? Katie, you going to take your blood pressure and you call today? Pretty sure she was just telling her she was just coming from she gave you that. >> She said from Boon and all that stuff. That's that's all. >> Yeah. Where she's coming from, that's kind of irrelevant at this point. Yeah. I want to let you know. >> No, thank you. I appreciate it, sir. >> We'll hang out. Just let us know when you guys are good. >> Thank you. I appreciate it. >> You said you're coming from Boon. Where you headed to? >> Recording Mountain Wi-Fi connected. >> Do you know where you are now? >> Yes. >> Where you at? >> I point. I point. I >> Yeah. No, it's fine. I'm sorry. >> You can bring my voice. I I I shouldn't be driving. I'm sorry. I shouldn't be. >> Before any field sobriety test, Officer Lord asked the required NHTSA a pre-screening questions, physical disabilities, injuries, insulin use. That step is not optional. Skip it. And every result that follows is legally exposed. He did not skip it. The first test was the horizontal gaze nestagmus HGN under Florida administrative code rule 11D8. It is the most scientifically validated of the three standardized tests. It measures involuntary eye movement caused by central nervous system depressants. It cannot be faked. The walk and turn carries eight scored clues. Two or more indicates impairment probability above 80%. Failure to hold the starting position before instructions are finished, which this subject demonstrated repeatedly, is clue number one. She generated multiple clues before a single step was taken. Before any arrest was made, the subject told the officer, "I shouldn't be driving." Under Burkimer versus McCarti 468US420, roadside pre-arrest questioning is not custodial interrogation. Miranda does not attach. That statement is legally obtained and fully admissible. She also voluntarily disclosed an active cocaine addiction without being asked. No Miranda obligation existed at that moment. Two separate self-inccriminating statements, both admissible, both handed to officers without any legal compulsion. That is the evidentiary record the arrest was built on. Florida's third district court of appeal ruled in mall versus state 798. So second one that a completed field sobriety battery is not required for probable cause. Cumulative observations carry the weight. Disorientation, inability to follow instructions. Those are evidence on their own. The arrest rested on four documented pillars. Unconscious driver in actual physical control, disorientation to time and location, two voluntary self-inccriminating statements, and failure to perform any portion of the standardized test battery. Under Florida law, that is a legally sound probable cause foundation. >> I'm just asking you if you know where you are. >> No. Yeah. No, I know where I am. Canoli, kitchen, and pizza. Yeah. Do you know what city you what city we're in? >> Yes, in Boon. >> In where? >> In Boon. >> Okay. You're You're in Boon and you're headed to Boon. Where are you headed at in Boon? >> Where do you work? You said you work. >> I work for Medicare. >> Medicare. Gotcha. You doing online right now or you doing it in person? Online. >> Online. Gotcha. >> You're from California. You have a California driver's license? >> No, I'm I'm I'm from San Diego. >> Oh, okay. What state San Diego in? >> What do you mean? >> What state? I'm no longer muted. >> California. I'm from San Diego. >> Okay. I was asking if you're from California. That's all. >> No, I'm not. I'm not from here. >> Okay. How long you been in South Florida? >> For 4 months. >> 4 months. What brought you to South Florida? >> I came down here for um Yeah, I was a drug addict. I came down here to get better and um >> Okay. No, I'm I'm I guess I'm not getting any better. >> What type of tribute were you seeking down here? >> I came out here for cocaine. >> What facility did you go to? >> Uh I came out here for uh I came out here for um uh How you doing? My name is Offic. >> No longer muted. >> Okay. The reason why I'm here, I'm going to be conducting a DUI investigation. Okay. >> All right. At this point in time, we want to make sure that you're okay. You're a capable drive. in order to dispel my alarm. Would you be willing to submit to a couple of road sobriety tasks? >> Do you understand what I'm saying? >> Could you just suggest a yes or no? >> Yeah, I would appreciate if someone else would drive my car. >> Oh, well, we we'll get your car taken care of, but could you just suggest a yes or no for me, please? Would you be willing to do that? >> Trying to ask you a question here. Would you be willing to do that? >> I appreciate it. >> You got to stay right here. You got to stay right here. >> Why? Why? I don't want to be here. >> Listen. Listen. You're not free to go right now. Okay. >> Yeah, I'm aware. >> Okay. I'm going to be conducting a DUI investigation to make sure you're okay to drive. Okay. To dispel my alarm, would you be willing to submit to some road sobriety tasks? >> Yeah, I I'd appreciate it. >> Okay. So, could you step this way for me? >> I have to pee. Like, I I cannot [music] I cannot drive. Just keep your hands out your pocket for me, please. >> No. Like, I cannot drive. >> We're not telling you to drive anywhere. >> Well, I I cannot drive right now. Like, I literally have to pee. Not asking you to drive. >> Listen. What is your name? >> You're not asking me to drive? >> No. Not asking you to drive. >> Are you not asking me to drive? >> No. >> Ma'am, >> that's crazy because I have to p I have to pee. >> Ma'am, listen to me. Okay. My name is Officer Horn. What is your name? >> What is your name? >> Huh? I have to be here. >> What? What is your name? >> Payton. >> Huh? >> Payton. >> Payton. >> Payton, do you know where you are? >> Yes, I'm aware where I am. >> Where are you? >> In Boa. >> Okay. You know what road you're on? >> Yeah, I'm very well aware what road I'm on. >> Okay. What road you're on? I'm well aware where I am. >> Well, what road are you on? >> Really? And boy, well aware. And I'm well aware. >> Okay. So, what's your first name? I just want to make sure I'm addressing you with the right person, man. What's your first name? >> Payton. >> Payton. You know what today's date is, Payton? >> Yeah, I am. >> What's today's date? Today's day is um well aware so let's think um is today Monday is today Tuesday is today Wednesday you know what day of week it is >> in today's date >> okay how about this you know who the president is Yeah. >> Who's the president? >> Boon. >> Boon. >> Boon is the president. >> Um, >> he says Boon. Okay. So, Payton, we're going to walk over to the front of my car here. All right. We're going to conduct some roadbri test. Okay. If one of you guys could just stay on this side and make sure you look after traffic. >> No, we're going to we going to we got to take care of what? >> Can I leave? >> Payton, we're going to get to all that. Okay, just stand right here for me. >> Can I at least pee? >> Payton. >> Payton, long as you work with me, I'll try to work with you. Okay. All right. We're going to do a couple tasks you agreed to do on to make sure you're okay to drive. Okay. Do you know where you're coming from? >> Yes. From Boon. >> Where are you at now? And in I I am in Boon. >> You're in Boon. On what world? >> On uh Federal. >> Okay. You're on federal in Boon. Do you know what today is? >> Yes, I do. I know it's a Sunday. >> Today's a Sunday. Okay. Do you know who the president is? >> Yes, it is. Unfortunately, >> okay. So, Payton, just do me a favor. I'm going to give you some instructions. Okay. You got to follow these instructions for me. Okay. All right. Can you hear me? Okay. Am I speaking clearly for you? All right. Payton, were you in an accident today? >> Have you been in a accident recently? No. Are you sick or injured? No. >> Are you diabetic? Um, do you take any insulin? Do you have any physical handicaps to prevent you from like from bending, standing or anything like that? No. You're physically okay to be doing movements and stuff? Yes. Are you under carry any doctor or what's your highest level education? You don't mind me asking? >> Second year. >> Second year in what? >> College. >> College. Okay. All right. So, for our first task, I'm going to check your eyes. Okay. So, what I want you to do is do me a favor. You're going to keep keep your balance. Okay. You're going to do me a favor. Put your feet together for me like this. You're going to put your hands down at your side. Feet together. Okay. I'm going to hold this up to your eyes. I want you to look at the pin only. Do not move your head. Just using your eyes. Do you understand? Keep your hands down at your side. Are you ready to begin? >> Ready. Remember, keep looking at the pen for me, Peyton. I have no idea. >> Okay, Payton. So, for this next task, it's called the walk and turn. All right. I'm going to demonstrate before I explain all the instructions to you. Okay? So, what you're going to do is won't you come over here for me, please? >> If you're going to pull me out like I just want to pee. >> Hey, Payton. Listen. Listen. You're working with me. I'm going to work with you. All right. That sounds fair. So, just do me a favor. Stand facing me this way. All right. So, what you're going to do is, right, I'm going to give you instructions. You're going to place your left foot on the white line. Okay. So, it's going to look something like this. Left foot on the white line. You have your right foot in front of your left foot. Okay. Payton, are you listening? You're going to have your hands down at your side. And you're going to maintain this position until I tell you to do otherwise. Do you understand? >> Yes. >> Okay. Okay. So, left foot on the white line, right foot in front of the left foot, heel to toe, hands down out your side. Don't start until I tell you to start. Payton, >> I'm not going to I'm not going to pass. >> Listen, I hear you, but nope. I'm not asking you to grab anything. >> Hey, >> Payton. Payton, >> I'm not going to pass. >> You're not listening to me, though. Okay, >> I'm not going to pass. >> Do you want to try? >> Yes, I do. Okay. So, if you want to try Let's come back to the car for me. >> All right. >> I literally I I have to pee. >> Put your Put your traffic vest on for me. >> Payton, we'll get to that once you come back. Put your traffic. >> I have to pee. Like, I I have to I have to I have to pee myself. Like, I'm sorry. >> Listen, listen. The sooner we get this stuff done, the sooner we can get out of here and figure out what we're going to do. Okay. >> Okay. Could you come back over to the front of the car for me, please? All right. You're going to be facing this way. Left foot on the line. Don't Don't lean on the car, Payton. >> Okay. I'm sorry. >> Left foot on the line. Right foot in front of the left foot. Hands down at your side. Heel to toe. >> Okay, Payton, you're starting without Okay, Payton. >> Yeah, because I'm dumb. >> Okay, let's start back over here. Put your feet together for me, Payton. Don't lean on the car for me, please. >> I killed it. >> Don't lean on the car for me. Could you stop? >> Ready? >> No. Just keep your feet. Put your feet together for me. Okay, Payton, you're not listening. >> Wait, I'm actually trying. >> Okay, but you're not listening. I got to give you instruction cuz you don't know what you're doing. Okay. >> Could you Could you back up, please, and just listen for my instructions? >> All right, listen. You're listening. You're going to have your left foot on the line. Your right foot just listen to what I'm saying. Okay, your right foot in front of your left foot, heel to toe. You're going to keep your hands down at your side. Maintain that position until I tell you to do otherwise. Do you understand? Okay. Heel to toe for me, please. >> Payton, you're not listening. >> What do you mean that? How are you going to tell me? I'm not. >> Listen. Left foot on the line. Right foot in front of your left foot. Heel to toe. >> No. >> Listen. Just look. Look, look, listen. Hands down at your side. Wait until my instructions. Do you understand? Okay. When I tell you to begin, you're going to take nine heel totoe steps. Okay. >> Okay. You're not listening, Payton. >> I can't. I'm sorry. >> Okay, Payton. Listen. We're going to try another task. All right. >> Okay. Well, I have to pee. I have to pee. I have to pee. >> Payton, do me a favor. Payton, listen. >> I'm sorry. >> Payton, do me a favor. Stand over here for me. >> Okay. Don't lean on the car, Payton. Don't lean on the car. >> All right. You're going to keep your feet together. Right. This is called the one leg stand. Are you able to stand on one leg? >> Okay. Hey, listen. Listen to me. All right. I'm going to give you instructions. Okay. >> Listening. >> You going to put feet together, arms down at your side. Whichever leg you choose to use. >> I don't give a >> You're going to lift that leg up possibly 6 in either your left or right. >> You're not listening, Payton. Okay. I'm trying to get you to get these exercises to to dispel my alarm. And right now, you're not doing a good job of that. Okay. I'm working nice with you. I'm being polite to you. And you're cussing and you're doing all this other stuff. Okay. All right. I'm pretty sure you're a respectable person, right? We're respecting you, right? We're talking to you with respect. Okay. We we accidentally have the same thing. All right. So, you're going to have your feet together. You'll keep your arms. Payton, you're starting. >> I got it. >> Got it. >> Hey, you're going to be placed under arrest tonight for DUI. Okay. Listen, I got my whole finger in here. >> All right. >> Is that too tight? No. >> All right. I'm asking you come trying to be respectful. Okay. My whole fingers here. So, you got a lot of room there. Okay. >> Okay. >> Hey, Payton. We're just going to sit you in my car till another officer gets here. Okay. >> Fine. It's fine. >> Listen, listen. Listen. We're going to sit you in my car till another officer gets here. I don't want you out here in the public like this. Okay. All right. >> I have to. >> I understand that. All right, we're going to try to get everything situated for you. Okay, I'll bring her to the other side. >> I'm sorry. >> Other side. >> I'm sorry. >> You don't have to apologize. >> Can I at least pee? >> Can I at least pee? Can I at least pee? Right. I'm pee in your [ __ ] >> When you got your step over here, maybe I should. Wait, I have to pee so bad. Can I please at least pee so bad? Please, please. >> Yeah, we're almost done here. Don't worry. >> Okay. >> Trying to go as quick as possible, right? >> No, I know. I know. I know. Thank you for your I'm sorry. I'm sorry. Like, I really have to pee so bad. >> You'll have the opportunity. >> I'm sorry. >> Hey, Payton, is this your wallet? Stay in the car, Payton. Please listen. >> Sorry. I like literally have to be so bad. >> I'm going to turn up the AC and stuff for you. Is this your wallet here? Do you have a phone or anything you like to bring with you? >> No. Okay. I'm just going to let you know what's going to happen when that female officer gets here. I got to take off all the jewelry and your belt. Okay. Do you have any weapons or any drugs and stuff on your person? >> Can I at least pee? >> Payton, I'm going to try my best to get you where you need to get before you can use the restroom. Okay. Do you have any drugs or anything on your person that I should worry about? >> No. >> Any needles? Anything like that going to prick or poke my partner when she texts you? >> No. >> Okay, we're just asking. Where's your telephone? >> Is it in your back pocket? >> No. >> You don't know where your phone's at? >> No. I'm just I just have to pee. Like I literally have to pee. Like I'm I'm I'm I literally need to pee. Please. >> Okay. Payton. Hey, Payton. What religion are you? Do you have a religion? >> Catholic. >> You're Catholic. Okay. Where were you born? You don't want to talk to me, Payton. Payton, you don't want to talk to me. Where were you born? >> I know you're saying Catholic. That's your religion. I'm asking where were you born? >> You need to back. >> Thank you. >> Hey, Payton, you're not listening to me. You want to talk to >> What do you want me to say? Where were you born? Were you born in the USA? Were you >> California? And um here. >> Okay. All right. Scored. Ford. >> Hey, Payton. Did you take any drugs today? >> No. >> No. No drugs? >> Is this your vehicle out here? >> What do you mean? Like >> is this your car? Like as in on the >> Yes. Did this blue car your car? >> No, this is not my car. >> Okay. >> I'm Yeah, I'm just going to get a pat down and take her stuff off for me. >> Hey, ma'am. What's your name? >> What's your name? >> No, I don't. I just want to know your name. Come outside. I'm going to search you. Okay, >> go ahead. All right, turn. Face the car. Face the car. Spread your feet for me. >> Do you have anything on you that's going to poke me? >> No. No. No. I have no idea. >> All right. >> Go ahead. Touch me. Go ahead. Touch my titties. Touch everything. I' I'd love for you to touch me. I literally have to pee myself. Like I'm I'm going to pee myself. I'm going to pee myself. Please back for me. >> No. Like I >> No. Like I'd love for you guys to touch me, but like I'm literally going to pee myself. Go ahead and touch myself. >> I need to take the shoe off. >> Yeah. Go ahead and touch myself. I'm going to piss myself. I hate myself. I hate myself. But like I am going to touch myself. >> Please. I hate myself. There we go. >> Hey, just let's let's stop this. >> No. Like I hate myself. No, no, no. I'm like not trying to be dramatic. Like I literally am going to hate myself. I hate myself. I'm sorry. Here you go. >> No. Go ahead. Like I have no problem touching myself. No. Go ahead. Now, here. Here. I have no problem. >> Hey, you want to put this other shoe on or you want me to keep the shoe off? >> I'm just asking you. >> I really don't. >> Okay. Could you just take her her jewelry off of me, please? Hey, Payton. Let's not Hey, listen. We've been being respectful with you. Let's not start doing that. All right. >> I'm not >> You're an adult, right? Hey, Payton. Listen. I am I am listen and I'm knocking out. >> We're not Listen, we're not going to do that. All right. >> We're not going to get mad. >> I'm just letting you know. We're not going to do that. >> She has a necklace on and take a belt. >> Can I at least get pee? Like, can I at least go to bed? >> Yeah, we're going as quick as possible. All right, >> here you go. Take away my bathroom, which is way more expensive than you would ever know. >> Could you look that way for me, please? >> Really? Thank you. >> Because my Really? Cuz my bathroom. Really? Cuz I'd like to learn about >> I'd like to have my Really? It's going to go with you. >> Are you kidding me? >> No, it's going to go with you. >> Really? >> Yeah. They'll have it with you. >> Just ask me. I'm sorry. Don't try. >> Okay, Peyton, let's have a seat. Really? Great. Great. Great. >> Watch your head. >> Great. I'm so happy. Okay. >> Really? >> Look to your left for me, Payton. Please not. >> Just go. >> Back. Back. >> Just go. The handcuffing was clean. The officer confirmed fit by verifying a full finger between the cuff and the wrist. Post arrest complaints of excessive tightness are among the most common bases for civil rights claims. One simple check eliminates that exposure before it starts. Officers waited for a female officer before conducting the pat down. Same gender search protocol is supported by department policy and case law to prevent fourth amendment challenges. Following it here closed a foreseeable avenue of post-arrest litigation before it could open. Officer Lord receives a B+. NHTS. A protocol followed correctly. Professional deescalating tone maintained throughout. Arrest decision legally supported. The only gap. No documented formal response to the subject's repeated restroom requests which should appear in the arrest report. The subject receives a C plus, no physical resistance, and that likely contributed to a first offense plea rather than a contested trial, but two self-inccriminating admissions and an unprompted disclosure of substance history, all without legal obligation, shaped the evidentiary record against her. The sentence 10 days vehicle immobilization 50 hours community service DUI school 12 months probation 6 months ignition interlock 6-month license suspension a first offense resolution under Florida statute section 316.193 subsection 2 paragraph a five lessons come directly out of this case grounded in statute case law and documented conduct not opinions what the law required what officers did and what the outcome confirmed Lesson one. In Florida, actual physical control is enough. Florida statute section 316.193 does not require the vehicle to be in motion. Sleeping or unconscious in the driver's seat with access to the ignition satisfies the element. Location alone can be the charge. Lesson two, roadside statements are not shielded by Miranda. Under Burkimer versus McCarti, pre-arrest roadside questioning is not custodial. Every voluntary statement before a formal arrest is usable. Silence is a right. Exercising it early is not weakness. It is the legally intelligent choice. Lesson three. A failed scorecard is not required for probable cause. Maul versus state confirmed that cumulative observations, disorientation, inability to follow instructions, and impairment indicators are independently sufficient. Officers are watching and recording everything, not just the tests. Lesson four, conduct during the investigation affects the outcome, even when the charge does not change. A non-resistant cooperative subject is far more likely to reach a favorable plea. Compliance is not an admission of guilt. It is a calculated decision with measurable downstream consequences. Lesson five. Same gender search protocol is litigation prevention, not formality. When officers follow it, they eliminate one of the most commonly litigated post-arrest fourth amendment claims. Correct procedure at the scene is the least expensive form of department risk management available. This case is a clean example of DUI procedure working exactly as designed. Every observation documented, every step legally defensible. The outcome was not a coincidence. It was proper procedure applied correctly from first contact to final cuff check. If this breakdown gave you a sharper understanding of how DUI law works in the field, leave your questions in the comments below. Subscribe to our channel for more legal analysis of real body cam footage. Understanding what you're watching changes what it means.