Tyler, do you know what the legal limit in Florida is? >> What the legal what? >> Limit in Florida to drive. >> No, >> it's a 08. >> Yeah. If >> you had to guess, what was yours? >> 6. >> You're 235. You're over double legal limit. >> Oh, really? >> You're hammered. >> I'm really not. >> On the night of March 9th, 2024, in Clearwater, Florida, a 19-year-old driver was arrested for DUI after blowing a 0.235 235 on a breathalyzer, nearly three times Florida's legal limit. The footage reveals a direct collision between poor decision-making and several layers of Florida criminal law. The first issue is actual physical control. Under Florida Statute Section 316.193, a driver does not need to be actively behind the wheel to face a DUI charge. Being near a vehicle with keys accessible satisfies the statute. The argument that she was parked and not driving is not a defense under Florida law. The second issue is the zero tolerance layer. At 19 years old, the subject was also governed by Florida statute section 322.2616, which prohibits drivers under 21 from operating a vehicle at 0.02 blood alcohol or higher. Her measured level of 0.235 exceeded that threshold by more than 11 times. >> How's it going? I think anybody would come out. >> Can you tell me what happened? Yeah, the uh black Hyundai like Alantrups backed into that red BMW that's parked right there. I think they were parked side by side. Okay. >> And when the Hyundai backed out, just clipped the back left back left quarter panel of it. >> So those are two cars right there. >> No, that's the red uh BMW a little bit. >> If they parked here, then she lives here. >> What's up? >> If she parked here, she definitely lives here then. >> Yeah. The Well, the Hyundai is that black one right there. There. Do you see it next to the silver Tacoma silver truck over there? The farther down in the park in the grass >> back there. >> Yeah. Yeah. The person's going to have it. >> Okay. >> That's what's up. >> Yeah. I'll go talk to her. >> All right. Cool. >> Hey, do you do you have video of this? >> I don't. >> Okay. Do you know who that person is? >> I do not. >> Okay. >> Hey, how's it going? >> Hi. How are you? >> So, someone reported you hitting a car. Can >> you tell me what happened? You moved your car over here. >> Yes. >> Okay. >> Where were you parked initially? >> Right here. >> Like >> you just said you moved your car. >> Well, I was like over there and I was like, "Okay, let me park over here." So I like can >> Okay. All right. All right. So, I see red marks here. And that BMW does have a [music] mark on there, too. All right. Listen, when you hit a car, you're supposed to say in the parking lot, right? Leave a note with your name, insurance, address, phone number. Okay. >> Do you have any of that on you? >> Yeah, I do. >> Can I Can I get that from you? I think that's it. >> Hm. >> I think that's it. I don't know. >> You have your license? >> Yeah, >> ma'am. Yes. >> How much have you been drinking tonight? >> Barely. >> Oh, I can smell it from you. >> You got your license? >> I'm trying to find it. >> Yeah. But like this. >> Do you have your license? >> Yeah, I do. >> I need your license, man. Drive it. >> Okay. Well, can I get your license? Oh my [ __ ] god. >> Is this your car? >> Yeah, it is. >> Okay. What's your name? >> Can you look me up? >> I need your license. How do you get inside bars? >> I don't like I literally don't. >> Okay. Well, I got to have your license. All right. >> I don't go into bars. I freaking like do homework and like do nothing. Like I [ __ ] have my backpack and like that's it. Like I don't know what you want from me. >> Well, you hit a car so I need your information. >> If I call my mom like is that? No, just um let me get your Are you What's your last name? >> What's your first name again? >> Kylie. >> What's your middle? >> Nicole. >> Okay. All right. Just stand by here. Here, I'm going to grab my car. Okay. Can you step over here behind this car? All right. Clearly go right there. So, you're clearly under the influence. Okay. I'm going to ask you a few questions if you don't mind. >> Okay. >> Are you diabetic or anything like that? >> No. >> You don't take any kind of medications? >> No. >> Physical impairments? >> No. No. Okay. You wear glasses or contacts? >> Nope. Okay. So, I do believe you are impaired. Like I said again, um I have um a series of exercises that I want to run with you. >> Go ahead. Do >> you mind doing them? >> Go ahead. >> You like to do them? >> Yeah. >> Okay. All right. So, for the first one, I'm going to check your eyes. Okay. >> Okay. >> What I want you to do, stand feet together, arms down at your side, and you take see your phone. >> Okay. Good. >> You're going to set your arms down at your side. Okay. >> And what you're going to do is you're going to follow this pen with your eyes and your eyes only. Tip of this pen right here where my finger is. You know where you're looking, right? >> Yes, sir. >> Okay. Follow your eyes and your eyes only. Do not move your head. Only move your eyes. Okay. Do you have any questions? Keep your arms down at the side like this. >> Yes. >> Why does [ __ ] everyone have to look at me? >> Yeah. >> Don't move your head. Follow your eyes only. Okay. >> Follow your eyes only. I can stay. If you want to stay, I can one to >> Can you do me a favor? All right. You can keep your hands like this to to help hold your head. Okay? Just look. Keep your head straight. So you follow your eyes only cuz you're still moving your head. So make a fist. Put it directly under your chin. Follow your eyes only. Okay? Sounds good. >> All righty. Catch you later. See you. Heat. [bell] Heat. This like I'm supposed to keep my hands Now I'm just going to go up and down. >> So just keep following your eyes. Okay. Okay. All right. So, I got two more exercises. Go ahead. >> Okay. So, you don't mind doing them? >> Go ahead. >> Okay. So, just hang tight right here. All right. >> Okay. >> What's that? >> I'm cold. >> You're cold? Okay. We're almost done. >> Okay. >> We're almost done. All right. The next exercise is going to be called a walk and turn. Okay. >> So before I start my explanation, I'm going to place you in the starting position. Do you understand? >> Yes. >> Okay. So you're going to put your left foot on the line. >> Okay. Left first. >> Left. Yep. >> Okay. >> So put your left foot on the line. >> Okay. >> And you're going to put your right foot in front of it. >> Heel touching toe. >> Just like this. Yes. >> No, don't start yet. >> Okay. >> I'm just going to place you in the starting position. All right. You're not going to start anything. You're going to watch and listen. I'm going to demonstrate. You're not going to start until I tell you to start. Okay. >> Okay. >> All right. Go ahead and put your left foot on the line just like this. Oh, no. No. Like this. >> Oh, what? Okay. >> Left foot on the line. Put your right foot forward. coming. >> Okay. >> Just like this. And you're going to put your arms down to the side just like this. All right. You're going to watch me and listen as I explain and demonstrate. Do you understand? You maintain this position. Do you understand? Okay. I'm gonna I'm gonna flip around so you can see what I'm doing. So you stay you stay in that position I just put you in. Okay. All right. Are you good? >> Yeah. >> Okay. So from the starting position. So go back to the starting position. It's just like this. You're going to maintain this position. Okay. You're going to maintain this position. >> All right. >> It's so [ __ ] difficult. >> You're just going to You're just going to watch me and listen. Do not move. All right. So, when I tell you to begin, you're going to take nine heel to toe steps down this line right here. And you're going to count out loud just like this. 1 2 3 and so on until you get to nine. When you get to nine, you're going to take a series of small steps just like this. And you count out loud again. One, two, three, and so on until you get to >> that way. Not that way. >> Yep. >> So, we go back to the starting position. The starting position is that way. >> Right. >> I I can't explain it again. >> One, two, three. >> Uh, >> what? >> Okay. You're going to go You're going to be going down this line. Okay. >> Oh, what? You made it sound like you were going that way. >> No, I was just demonstrating. >> Okay. >> Okay. >> All right. I can start all over. All right. >> Go ahead. So, I'm going to place you back in the starting position. >> Yeah. >> So, put your left foot on the line. >> Okay. >> 1 2 3 4 5 6 7. Okay. So, I didn't tell you to begin, but I'm going put you in the starting position. Okay. So in the starting position, so you're going to go back over there. Okay. You're going to put your left foot on the line. There you go. You're going to put your right foot in front of it. Heel touching toe. And you're going to put your arms out to your side. You're going to maintain this position while I explain and demonstrate. Do you understand? >> Yes, sir. >> Okay. Just let me know when you're ready for me to >> go. >> Okay. Again, stay in this position. All right. You're going to be walking down this line. Remember that. All right. I'm going to go ahead and turn this way so you can see. So, I'm going that way. >> You're going this way. Okay. I'm going that way. >> Yep. So, you your your goal is to walk on this line. Okay. Okay. So, when I tell you to begin, >> okay, you good? >> When I tell you to begin, you're going to take nine huge toe steps down this line right here. >> Okay. You're going to keep arms on your side, eyes on your toes. You're going to count your steps out loud just like this. one, two, three, and so on until you get to nine. When you get to nine, you're going to take a series of small steps just like this. And you're going to count nine steps again, just like this. One, two, three, and so on until you get to nine. Do you understand? >> Yes. >> Okay. >> Come on. >> Anything else? 2 3 4 5 6 7 8 and then I do it back. >> Yeah, you got a series of small steps. You want to try again or is that >> Do you want me to try again >> or do you want to move on to the next one? >> Okay. >> All right. We'll we'll move on to the next one. Okay. It's going to be called the one leg stand. All right. So, same thing as a walk and turn. I'm going to place you in the starting position. You're going to maintain that position while I explain and demonstrate. Do you understand? Okay. So, for the starting position, you're going to stand with your feet together, arms down at your side. And this is the position you're going to maintain while I explain. Okay? When I tell you to do so, you're going to raise either foot, your left or your right. I'm good. >> Okay. Approximately 6 in off the ground like this. Don't start yet. >> For how long? >> You're just going to keep this position until I tell you to begin. Okay. >> So, you're just you're just going to stay like this >> until I tell you to do so. Okay. >> For how long though? >> We'll get there. Okay. >> Okay. >> One step at a time. So when I tell you to do so to begin you're going to raise either your left foot or your right foot approximately six inches off the ground just like this which is about a soda can. Okay. >> Now you're going to keep both arms at your sides with your foot parallel to the ground and your eyes on your foot. Going to count out loud just like this. 1000100200 10003 and so on until tell you to stop. Do you understand? >> Yes, sir. >> Okay. I don't want you use I don't want you to use arms for balance or sway. >> Okay. But it's [ __ ] cold. >> If you put your foot down >> if you put your foot down, just pick it back up and count where you left off. Okay. Do you understand? >> Okay. Do you have any questions? >> No. >> All right. You >> you can go to the starting position now. >> You're right. >> Just go back to the starting position. Wait until it tell to begin. Okay. No questions at all. Okay. You may begin. Not my part. You may stop. Okay. All right, just step on over here for me. Hands on your back now. Are they comfortable? Are they too tight? >> Yeah. >> Okay. Tiny a little bit. Okay. >> Why am I getting here? >> Yeah. Stop. Stop turning. Stop turning. >> Okay. Well, I'm >> We'll explain it in a minute. >> Okay. So, right now you're under arrest for DUI. >> All right. >> All right, man. Step this way. >> For what? >> 115. I got 110. I don't I get female for sure. >> Ma'am, step over here. >> Ma'am, do you not Oh, wait. Just sit here and we'll explain. Okay. Perfect. All right, ma'am. Right here, I got something called the implied consent warning. Um, I'm going to be requesting that you submit a lawful test of your breath for determine the purpose of this your alcohol content. Go ahead. >> Will you take this test? >> Absolutely. >> Okay. >> But I'm sleeping here, so it's like I'm not driving. So, what's the problem? So, unfortunately, because you were in physical control of your vehicle, your keys in the car, and you were in the car, I watched you get out of the car as well. Okay, you're technically still under control of the car. All right, I'm going read you a little something called the Miranda warning. You have the right to remain silent. Anything you say, can, and will be used against you in a court of law. You have the right to talk to the lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand? Do you wish to talk to me? >> Yeah. >> Okay. >> The third issue is implied consent. Florida statute section 316.1932 deems any driver lawfully arrested for DUI to have consented to chemical testing. Refusal is admissible as consciousness of guilt and triggers an automatic license suspension. The subject consented and the evidentiary grade breathalyzer returned 0.235. The fourth issue is hit and run exposure. Florida statute section 316.061 requires any driver in a crash with property damage to remain at the scene and exchange information. Moving the vehicle before police arrive with knowledge of the collision satisfies the elements of that offense as a separate charge independent of the DUI. on Miranda. The Supreme Court held in Miranda versus Arizona 384US 436 1966 that custodial interrogation requires prior advisement of rights under Burkimer versus McCarti. Pre-arrest investigatory questions are not custodial, meaning statements made before handcuffs are applied are admissible without a Miranda warning. On the breath test, the Supreme Court confirmed in Birfield versus North Dakota, 2016 that a warrantless breath test incident to a lawful DUI arrest does not violate the Fourth Amendment. The result here is fully admissible and no constitutional challenge applies. >> All right. Be honest with me. How much have you had to drink tonight? >> Two drinks. >> Two drinks. Okay. What kind of drinks were they? >> Wine. >> Wine? >> Yes, sir. >> Red wine. White wine. Um, wait. Red. Red. >> Did you have any >> liquor, beer, or anything? >> Red? No. >> You only had wine? >> Yes, sir. >> Is it two bottles of wine or two cups of wine? >> Two cups of wine. >> Two cups of wine. Where Where were you coming from tonight? Cuz I know you said you were here, Tampa. >> Yeah. JW Marriott. >> JW Marriott? >> Yes, sir. >> Okay. All right. Just put your feet in the car for me. Okay, we're going to have a female come search you just in case. Is there any belongings that you want to take with you? >> Can I look like five? >> Do you know where your ideas? >> Where am I going? >> So, right now for the breath, we're going to go over to the main station where the breath machine is. Okay. >> Like I'm going to be like put Wait, stop. Like I'm going to be putting like green outfit. a green outfit. >> Yes. >> We don't have any green outfits. Okay. >> All right. Just hang tight for me. Just one step at a time. One step at a time. Okay. >> What's the taste like? >> Hello. >> Hi. How are you? >> I'm good. So, I'm Officer Perry. I'm just going to search you real quick. Okay. >> Go ahead. >> All right. So, step out. All right. Just face over here. Face that. Face the car. There you go. Do you have anything on you that's going to poke me, sick me, harm me in any way? >> No. >> All right, Alex, your legs. >> Is there anything stashed up hiding anywhere? >> No. >> Okay. Cuz once you get to the jail, if they find it, it's going to be another charge. Okay. You understand that? >> Yes. >> Does this have pockets? No. >> Do you have anything underneath this? No, you can literally check it. >> I'm I'm good. >> Okay. >> Okay. All right. Anything in your shoes? >> Check it. >> Well, how do you take the whole thing off? >> Okay, you're good. You can get back in. >> So, where am I going? >> Um, right now, >> it's just like the other officer explained to you. We'll go to the downtown Clearwater police station for the west test and then we'll go from there. All right. All right, ma'am. I'm going to leave you open. I'm just going to observe you. Okay. >> What? >> We have a portable breath test that's coming here. >> Okay. >> Okay. >> So, you're going to blow into the portable one. All right. if you want to. And you you can hang your legs out. Just get comfortable. Okay. >> Okay. That would be great. >> Do you have anyone that you could call once you get to jail that can help you bond out or you don't do yourself? >> I mean, like I could call my mom, but like I feel like my mom could like actually shoot me in the head. So, like, >> how old are you? >> 19. So, like I'm I I don't know. Wait, would my mom know about this like at all? >> I mean, I'm sure you're going to have to tell her at some point. Does she still help you pay your bills >> at all? >> Barely. >> Cuz DUIs are not cheap. So, you don't have to. We're not telling your mom. We're not going to tell your mom. Here, let's walk over there. This is some more time. See? >> Yeah. We're going to walk over this part. >> Can you pull your down at all? >> I'm trying. >> Can you move your hand up front? Yeah. There we go. >> All right. We're going to walk over. All right, just lean against this car for me. Just take one step back. You got to open this door. >> So, what I'm going to do, right, >> and then what? >> What? >> And then what? >> You'll sit there and sober up. >> I don't give a [ __ ] about sobering up. I'm already sober up. >> You have to. I'm already so like what else? >> You just sit there and you're like >> they're going to like be someone that's like [ __ ] like gay as [ __ ] like trying to like >> they're not going to let you. >> Oh my god. I swear to God. >> They're not going to They won't let people basically you'll they'll give you a chance to make a phone call. >> You're going to need someone to help you bail out or you're going to have to sit there till the morning till go see a judge. So my mom has to know about it. >> Someone boyfriend, girlfriend, roommate, anyone? >> No. >> No. What about myself? Like what if like I pay for >> Do you have your card? >> Yeah. >> How much is that? >> It's going to be $50. But you have to have some sort of >> 50 >> if you get a bondsman or 500 if you >> How the [ __ ] do you get a bondsman? They're gonna you're going to go into this room and they're going to have a list of a bunch of phone numbers of for bonds people to call and you you'll call them and uh you'll call them and you know every opportunity. The thing is um by you doing it yourself, you got to rely that you know there's going to be open phones and it's a Friday night so the jail may be busy so so there may not be open phones all night. >> But who am I calling? You'll just pick a bond >> random people. >> You'll just pick a bondsman off the list. Okay. >> They'll answer the phone. They'll You'll tell them your name. Yeah. >> Your charge. And then they'll >> What's my charge? Please help me. >> It I don't I I don't know, man. I just showed up. >> You should not. You're the one that [ __ ] arrested. >> I'm not I just showed up. I'm not the one that arrested you. Oh, >> yeah. Let me know because >> He'll tell you. All right. Step forward real quick. Yes. >> Big deep breath and blow. Keep going. Keep going. Harder. Harder. Harder. Harder. Harder. All right. Sit back. What's your name? Kylie. Do you know what the legal limit in Florida is? >> What? The legal what? >> Limit in Florida to drive? >> No. >> It's a 08. >> If you had to guess, what was yours? >> 6. >> You're 235. You're over double leg limit. >> Oh, really? You're hammered. >> I'm really not. >> You are. >> I'm not. >> You are. Okay. >> I'm telling you, most grown grown people can't even walk at that level. >> How often do you drink? Quite a bit. Cuz if it wasn't quite a bit, you wouldn't be walking right now. You're 19 years old. Come on. >> Everyone likes to party. I get it. You can be a kid. I was a kid. >> No, it's not even a kid. Stress hit you like a [ __ ] So, >> I was a kid in college once, too. >> And it's not even about like having fun. It's literally about stress. >> Okay. just uh face the the door for me and I'll get this transport. All right. So >> double, >> huh? >> Are you like double arrested? >> No, >> he's just changing the cups. >> Yeah, they're they're going to go to the front. So, there's a little bit more All right. So, um here once you >> Well, um if it makes it feel better, um you sanitize it after alcohol. >> Um no, we've got a circle uh uh Dannical spray that the that the jail has. So, spray it down or stuff like that. It's just this is an old an old man. >> And don't worry about the like guy over there. He's just he's just high on like meth or something. >> Oh, meaning like there's somebody like right there like high on drugs. Awesome. >> Well, he's going >> You're mixing you in. >> No, you guys are separate. >> Technically, like I [ __ ] like break the [ __ ] open. >> Or like he could cuz like he's like [ __ ] insane. >> No, no. You see that that big ass block? So, there's no way he's going to push through that. Plus, um I can hear you guys, but I can't talk back because there's a a oneway platform. So, if you get if you get cold, just >> Okay, I'll turn it up. Um and I got a camera right here, so don't worry about anything. You'll be fine. Okay. Right. And um I got one stop and then I'll get you to the jail. >> Meaning we're going to pick up another [ __ ] person. >> Yeah, but you'll be on the other side, too. So, you're you're nice and you're good to go. Okay. >> The arresting officer receives an A minus. He established reasonable articulable suspicion under Terry versus Ohio. 392US1, 1968, administered all three NHTS, a validated field sobriety tests in proper sequence, delivered both the implied consent warning and Miranda correctly, and maintained composure throughout a prolonged, emotionally difficult encounter. The subject receives a C plus. She did not physically resist arrest, and she consented to the breath test, both of which helped her immediate situation. However, she volunteered specific admissions before Miranda and again after it with no legal obligation to speak at either point. The Fifth Amendment right to remain silent was available throughout. She never used it. Those statements are admissible at trial. Officer Perry, the secondary officer who conducted the pre-transport search, receives an A. The search was gender appropriate, properly announced, and professionally efficient. Her brief presence in this footage is exactly what secondary officer protocol should look like. This footage carries lessons that go beyond one parking lot on one night. Every statute invoked here. Every legal doctrine that applied has real consequences for real drivers. Five of them stand out and they are worth understanding before you are ever in a situation where they matter. Lesson one, parking does not protect you from a DUI charge in Florida. Florida statute section 316.1 93 covers actual physical control, not just active driving. keys in the car, a driver within reach of those keys, that is enough for a lawful arrest in this state, regardless of whether the engine is running. Lesson two, if you are under 21, the adult threshold is beside the point. Florida statute section 322.2616 sets the zero tolerance limit at 0.02, a level some people reach after a single standard drink. That exposure does not replace the adult DUI charge. It stacks on top of it. Lesson three, the right to remain silent exists before Miranda, not just after. Under Burkimer versus McCarti, statements made during a pre-arrest investigatory stop are admissible without a warning. Invoking silence early before handcuffs go on is the legally sound choice. Waiting for Miranda means the most damaging admissions may already be on the record. Lesson four, refusing a breath test in Florida is rarely the better move. Under Florida statute, section 322.261, 261 refusal is admissible as consciousness of guilt and triggers automatic license suspension. ADUI prosecution can proceed without a breath result. All a refusal does is add an inference of evasion to the evidence already against you. Lesson five, a hitand-run charge under Florida statute section 316.061 does not require intent to flee. It requires only that the driver failed to remain and provide information after a crash with property damage. Moving the car before officers arrive for any reason can satisfy that element and produce a separate criminal charge on top of everything else. The law here is not ambiguous. The statutes are settled. The case law is established and the evidentiary record in this footage is substantial. What makes this encounter worth examining is the sequence of decisions on both sides that determined how far it went. If there is an interaction or a legal topic you would like us to analyze, drop it in the comments below. If this breakdown was useful, give the video a thumbs up and subscribe to our channel.