I want to pee. That's all I want. >> You cannot pee. There's no bathroom. >> Okay. Well, you're going to arrest me, right? Let's go. >> So, you're not going to do the roadside test? >> Sabrina, >> we'll get your first. We'll get your first. We'll get you first. >> Are you going to do the roadside test? >> Are you going to do the roadside test? Yes or no? No. >> Okay. You know what? Okay. You are under arrest for DUI. Wait a second. On the night of May 25th, 2025 in Pompo County, Florida, a Memorial Day weekend traffic stop raised questions that go well beyond one woman's choice to refuse a sobriety test. This footage sits at the intersection of the Fourth Amendment, the Fifth Amendment, and a Florida statute that most drivers have never read, but that every driver needs to understand before they get behind the wheel. Is everything all right? >> Yes, we're good. >> Because you're No, no. Stay inside your car. >> Okay. >> You're swerving all over the road. You almost hit me at one point. You're driving like 22 miles at once at one point and you're suddenly breaking in the middle of the road for some reason. What's going on tonight? >> It's still going to be a weekend. >> Going to be save my life. >> Can I see your license, registration, proof of insurance, please? >> You're going to kill me. >> Why? I'm not going to >> kill me right now. You're going to kill me. >> But I got all that >> license. 12. >> Are you ready to have to do this right now? >> Going to have DUI 18. Just step it up. >> Stay inside the car. I need your license. >> Oh my god. >> The registration and insurance. Please. >> That's pretty bad. >> I'm temp four. I just need one person here. Why are you doing the most right now? We're not We're not >> Can I see your keys, please? >> Okay. You haven't given me your license. Stop trying to get out of the car. >> I asked you for your car keys. >> Okay. Right. I'm going to get one for you. Ma'am, you're not. >> They're here, baby. They're here. >> Okay, I am chilling. Look, look, look. All right, they're keys. Yes. Here we go. See, they're here. >> I need you to get me your license. license, >> registration, and insurance of the vehicle. >> Everything's here. >> I make a porn. >> Everything's here. >> I know. And I need to see it, please. >> Oh my god. Why are you embarrassing me like this? >> Well, I can't be embarrassing you because there's nobody here. >> No, that's embarrassing. >> Well, I can understand if it was almost coming back. >> I need the license. Your driver's license. That's my driver's license. I have my medical appointment. >> All right. And the registration and the insurance car. >> Yes. >> I'm going to leave right here. >> You're not going to leave right here. >> No, I'm going to leave right here. No. No. Right now. So, I got a light. >> Okay. >> Okay. Do not get your stuff to leave. You're not leaving >> cuz in a minute I'm going to be having you step out of the car cuz I'm going to be conducting an investigation. >> You're crazy. >> I am not crazy. >> You want to share it for me? >> I beg a party. >> I I >> put your purse back in the car. >> Why? because I need you to step out of the car >> and put your phone down. >> Let's go. >> What else do I have to do? >> Hello. Hi. >> Hi. >> My car. >> Oh boy. >> Yeah. >> Yeah. My car is shut >> and I've been code trying to stop the code. >> That is my workout. What happened? >> Nothing. >> Did he tell you why he stopped you? >> Yeah. >> What was it? What? Why did he stop you for? >> Said I was swerving. >> You were swerving. Okay, got you. >> I'm going to go pee though. >> Okay. Can you hold it for a little bit? >> There's no restrooms here. >> Yeah, over there. >> Where? No. >> I'm going to go to place over there. >> I don't think anything is open. It's already 11. >> I don't parking lot. >> Just give me a sec. We'll figure out where we can go for you to use the bathroom. Yeah, >> cuz >> as far as I know, these doors are open. >> We're here. >> I think we can go right there. >> Where? Where? Like where? >> Okay. Just give him a second and we'll figure it out. Okay. Yeah. >> He was hard on me. >> Him? Oh, you you know you're not everybody's you know the back of the the hair on the back of our neck stands up. Like why isn't this car stopping? What's going on? >> That was good, darling. >> Well, >> not bad. >> I don't know. I was in here for that, but >> I'm not bad. I'm not bad. >> He is usually a great guy. He's really nice. >> So, you take a lot to get him in here, please. >> Yes. I have to do this whole thing. >> Can I let me see your phone so I can put it over here? Okay. Is the What's your home address? Okay. What type of work do you do? >> Server. >> We're at >> camp. >> Come over here. >> I'm going to close my door. >> I got it. I got it. I'll close it. You keep talking to him. Don't worry. >> I got keys. So, the keys, my purse, all of it. >> No, your keys are up here. He took your keys. It's not locked. >> Your keys right now. >> I need you to come I need you to come back over here and speak to me. Come right over here. >> Oh lord. >> Uhhuh. >> The first legal question is whether the stop itself was valid. Under Terry v. Ohio decided by the US Supreme Court in 1968. An officer may initiate an investigative stop based on reasonable articulable suspicion of criminal activity. Swerving across lanes, speeds as low as 22 mph. an unexplained complete stop in the roadway and a prolonged failure to yield to activated sirens. That combination clears the Terry threshold easily and likely establishes probable cause for multiple traffic violations. The second legal question is what Sabrina said and when. Under Burk v. McCarti decided in 1984, a roadside traffic stop is non-custodial by nature. Miranda is not required during the investigative phase. Any voluntary statement made before formal arrest is fully admissible in court. The admission of two coronas, the marijuana hedge of I didn't do that today. And the to be determined answer on alcohol consumption. All of those were made before arrest. All are admissible and none can be suppressed under the fifth amendment. Burkimer closes that door entirely. >> Health problems that I should be aware of? >> No. >> Do you have diabetes, epilepsy? >> No. >> Are you take any prescribed medication? >> No. >> Have you received a bump on the head recently? >> No. Have you smoked any marijuana or used any drugs today? >> I did smoke. >> I didn't do that today. I'm >> How much did you smoke today? >> I don't know. >> To be determined. TB D to be. >> And how much alcohol have you had to drink? >> To be determined. >> Well, how much is that? Cuz I can smell you from here. >> Oh my god. It's not that bad. It's not that bad. relax. >> So, how much have you had to drink? >> Two beers. >> What kind of beers? >> Coronas. >> Cans or in a bottle? >> Two bottles of Corona. >> Anything else? >> Nothing else. >> Okay. Well, you right now. I need you to hold me. All right. >> Okay. People don't kill me. >> What was the name of the road that we were on? >> Military. >> Military. Military. >> Military heading to where? >> Oh my god. Are we having a test right now? >> It's questions. >> Sh my life. I don't. Military heading 95. >> Can you feel the effects of the alcohol? >> I want to pee. >> Does that mean yes, you feel it or no? You don't kill the >> negative. >> All right, Sabrina. >> What I'm going to ask you to do right now is I'm I'm going to ask you to do the roadside tasks to see if you're impaired or if you're okay to drive. >> Not going to I just put a >> Well, there's no bathroom where we're at right now. >> Can I just go back? >> No. Publix, in fact, is closed. >> Sabrina, do not walk away, please. I'm asking you to do the roadside test. >> I'm asking you to do the roadside test. >> For what? >> To see if you're impaired and if you're okay to drive. >> I'm not driving. >> Well, you were driving up until this point right now. >> I know you were driving when I stopped you. So, I'm asking you to do the roadside tasks. Do you want to do them or you don't want to do them? >> I don't want to do them. >> All right. Let me explain to you right now. >> Sabrina, pay attention to this. Okay. It's very important. >> Yes, sir. >> If you don't do the roadside test that I'm asking you to do, I'm going to have to base my decision to arrest you on what I've seen, what I've smelled, and what you've said to you. >> All right. That's what I that with just that little bit of information, I need to base my arrest if I'm going to arrest you or not. If you did the road, >> if you did the roadside task, I would see if you're impaired or not. >> And also, by not doing the roadside task that I'm asking of you, that could be used against you in a court of law. Do you understand what I just said to you? >> Nope. >> What part did you not understand? >> All of it. Rewind. >> Okay. I'm asking you to do the roadside test. >> Okay. >> You said you didn't want to. >> So, if you don't do the roadside test that I'm asking you to do, I'm going to have to base my decision to arrest you on what I've seen, what I've smelled, >> and what I've >> Sabrina, let me finish, please out. >> Okay. And if you don't do the roadside test I'm asking that could be used against you and report the law. Do you understand? >> I got >> Is that yes or no? >> Are you going to do the road sign or no? >> The third legal question and the one most drivers get wrong is the FST refusal. Field sobriety tests are not covered by Florida's implied consent law. Florida statute section 316.1932 governs chemical tests only, meaning breath, blood, and urine. A driver may legally decline the standardized field tests. The critical distinction is that the refusal itself is admissible as evidence of impairment. Florida courts have consistently held that a jury may treat FST refusal as consciousness of guilt. Declining the tests does not protect you. It removes the one mechanism that might have produced exculpatory evidence. The fourth legal question is probable cause without FST results. Under Florida statutes section 316.193, DUI requires proof that normal faculties were impaired. The officer did not need a breath test number. He needed objective indicia of impairment, and the record shows he had them. observed erratic driving, failure to yield to emergency signals, detectable odor of alcohol, verbal admissions about consumption, an ambiguous marijuana statement, and FST refusal that totality is legally sufficient for a probable cause determination under Florida's DUI statute without a single chemical test result. One procedural point stands out. The officer explained the FST refusal consequences to Sabrina clearly, not once, but twice before arresting her. The law does not require that level of advisement. He provided it anyway, and that matters for any subsequent challenge to the arrest's validity. The secondary charge, refusing to sign the citation, flows from Florida statutes, section 31 18.14, subsection 2. Signing a citation in Florida is not an admission of guilt. It is a promise to appear. Refusing to sign is a separate independently arrestable offense. >> Where's my purse? >> It's in the car. >> Grab your purse. >> I want to pee. That's not a line. >> You cannot pee. There's no bathroom. >> Okay, hold on. You're going to arrest me, right? Let's go. >> So, you're not going to do the roadside test, >> Sabrina? >> We'll get your first. We'll get you first. We'll get you first. >> Are you going to do the roadside test? >> Are you going to do the roadside test? Yes or no? No. >> Okay. You know what? >> Okay. You are under arrest for DUI. Wait a second. Get the smaller hands. better be. >> I have a blanket before we put her in the car. I have a blanket for her to sit on. >> Do you have anything on your Do you have pockets in those types? >> Nothing hidden in your bra. Nothing. >> I'm going to check under this. >> Nothing. Nothing. Nothing. Okay, >> we can just hold it for a second. Let me get a blanket. >> All right, let's bring her over here. >> Then you'll be able to get Do you mind fasting? >> Yeah. Oh my gosh. Do we really have to do this? >> Yes. I need you to have a seat in here. I'm going to buckle you up. Yeah. Just like that. Okay. >> She kept trying to get out of the car. Yeah, she that looks pretty fresh cuz there's no rust. Maybe where she was at. She hit a pole. I don't think she >> I thought she was in military. >> Yeah. >> How she almost hit your car? Because right right before we get over to the overpass >> Yeah. >> she's like swerves >> cuz she's driving like 20 something miles an hour. So I'm trying to slow down for her to pass me >> and then she right before we go to the overpass she comes to a complete stop and then starts driving then almost hits the barrels as we're coming down. I was going to say it's a very narrow >> and then I lit her up and then from the turnpike all the way to Lions. She didn't stop at all. >> Turned all the way in here. >> Yeah. And I had the siren going and everything. I was trying to call but someone else was coming on there. >> Sabrina, >> what? >> I'm going to take you to go to the bathroom. >> It's whatever. >> All right. Please do not go to the bathroom in my car. >> I heard you. >> All right. Thank you very much. I can't believe you arrested me. >> I can't believe you drove you this way. >> I didn't I I was good. >> It's like terrible. Where are we going? >> We're going to the Palm Beach County >> Sheriff's Office. I'm going to go to um the back for you to if you're going to provide a >> You're going to make me look like a crazy person. >> A what? >> You're going to make me look like a crazy person. >> I can't hear you. >> I'm going to be a crazy person. >> Oh, that's not going to be good cuz right now you only have one charge. Depends on how crazy you want to get. That would be other charges. I don't think you want to complicate this more than what it already is. So bad. Can't believe it arrested me. My mom's going to kill me. She'll be like, "What the?" I'm going to be like, "What the >> the what?" >> I'm going to be that person. >> Are you going to be another person? >> Be like, "Holy, I'm in trouble." The arresting officer receives a B+. The stop was legally sound. The probable cause determination was wellfounded and the FST advisement was thorough and repeated. He obtained smaller handcuffs and provided a blanket before transport. A level of care that exceeds the minimum the law requires. Sabrina receives a C+. Her voluntary admissions, her repeated attempts to exit the vehicle, and her FST refusal each added evidentiary weight to the officer's probable cause determination. She did not physically resist the arrest. That compliance prevented escalation and kept the grade from going lower. Before we close, here are five lessons drawn directly from this footage and the law behind it. They apply to any driver, not just in Florida. Lesson one, yield to emergency signals immediately. Failing to stop when lights and sirens are activated is an independent traffic violation and becomes part of the probable cause record for everything that follows. Lesson two, you have the right to remain silent during a traffic stop. Under Burkimer v. McCarti, the non-custodial nature of a traffic stop does not suspend your fifth amendment rights. You may decline to answer investigative questions politely and without obstruction. Lesson three. Signing a citation is not an admission of guilt. Under Florida statutes section 318.14, it is a promise to appear. Refusing to sign adds a criminal charge to whatever else you are already facing. Sign it and contest it in court. Lesson four. If you believe you can pass field sobriety tests, refusing them removes the only evidence that could work in your favor. The refusal becomes evidence against you. Understand what you are giving up before you decline. Lesson five. Probable cause for DUI does not require a breathalyzer number. Under Florida statutes, section 36.193. An officer's sensory observations, your driving behavior, and your own statements can be enough. The standard is impairment of normal faculties, not a specific blood alcohol level. The law does not care whether you thought the stop was fair. It cares whether the officer had legal authority and whether the evidence met the statutory standard. In this case, on both counts, it did. If this breakdown was useful, give it a thumbs up and subscribe to our channel for more analysis like