Okay. So, the state of Georgia has conditioned your privilege to drive upon the highways of the state upon your submission to state administer chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you're under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive upon the highways of the state will be suspended for a minimum period of one year. >> I'm refusing it. >> So, you you notice I drive home. >> Well, okay. >> Let me unhook me. >> All right. You have a right to remain silent. Anything you say cannot be used against you in court of law. You have a right to an attorney if you cannot afford to hire one. One will be appointed to represent you before any questioning if you wish. Okay. >> She slivered right under those. >> Put the put your uh >> Let me the go. >> No, you are under arrest. >> I'm not. I'm refusing arrest. >> Well, if you keep refusing arrest, then you're going to they're just going to have to go back and forth with you and then that's going to cause you >> I'm refusing arrest. >> You can't do that, ma'am. >> I am doing that. >> It's okay. These aren't good. I'm refusing arrest. >> Let me go. >> I'm refusing arrest. >> You can't refuse arrest. >> I can. >> No, you can't. Unfortunately, >> I can >> I can refuse arrest. >> Please let go. >> No. >> Now you're going to jail for DUI and obstruction. On April 26th, 2024 in Georgia, a shoplifting call at a vape shop became a DUI arrest and an obstruction charge, all on body camera. Three areas of law apply, and the subject crossed a line in each one. >> Hey ma'am, throw your car in park for me. Okay. >> Will you step out and talk to me, please? I'm officer Cornell. >> I paid for my baby. >> Okay, let's just uh let's talk about it. Okay, we'll talk about it over here. Okay, we just stopped talking. >> Okay, so um first off, what's your name, ma'am? >> Carol. >> You spell it K A R E N. >> And do you have a license on you? Thank you. >> Miss Karen, can you step back out for me, Mom? >> He did not give me my vape. >> Okay. Um, do you have the vape that she she had it in in the car? >> Where? >> Okay. >> I don't see Robert. >> What kind of vape was it, Miss Karen? >> Strawberry. >> I think so. >> Here's what we're going to do. Instead of having you messing around uh just looking through the car, let me get you to step out. Okay. >> It's not in here. >> That's okay. Just let me get you to step out. >> Okay. So, you're saying that you didn't take it? >> I didn't. >> Okay. But you said you paid for it. >> Do you have your receipt where you paid for it? >> She didn't pay for it and she just want to go without paying and I expect her to just paid or return me back. >> So, his system is telling is saying that >> Hold on. Hold on a second. Um, >> I'll pay again. >> So, do you have it or do you not have it? You don't have to look. But >> I don't see it. >> Okay. So, you didn't walk out with it. >> Pay again for it. All right. >> She walked out with it. I think we got a video and I just walk with her. >> Okay. Um, if she gives it back, if she pays again. >> Yeah. >> Are you guys going to press charges? No. >> Okay. All right, Miss Karen. So if she pays, you're not going to press charges? >> No. >> Yeah. Miss Karen, step into the store. Okay. >> Sure. Yes, she going to pay. >> I have the cigarette. >> Yo, I already had it. >> No, I don't have you walked off. >> I don't have it in my car. You guys >> Let's go this way. All right. >> Do you mind since they're saying what you walked out with it and they're saying that they have video of you walking out with it. Do you mind if I look in your passenger compartment? Okay. So, I'm going to hand you this. I'm going to have have you step with this officer and stand right here. Miss Karen. Hey. >> Oh, hold on. Don't get back in the car. I'm going to have you stand with this officer. Okay. I'm going to search in your passenger compartment for their hang with this. All right. Come over here. >> Why are you guys so mean? >> H >> Why are you guys so mean? >> What do you mean? >> Why are you so mean? You like step up here like >> it. I got to go get him out. >> And I was speaking loud enough so you could hear >> cuz I had asked you another time. Hey, come over here. And you kept walking to your car. And when you keep walking to your car, then I'm going to raise my voice and tell you how old >> I'm 30 years old. Yes, sir. >> So, are you proud of what you do? >> Absolutely. I'm a kid. >> It's not in there. Did you find it? >> Not yet, Miss Garen. >> Please do not go over to your car, please. >> So, the vape just got >> How did that get the bait? >> I'm just going to look in here. Okay. Then we'll go in and we'll try to figure out a solution. Another >> There you go. >> Thank you so much. I appreciate your help. >> So, here's the thing. How much wine have you had today? Not much. But >> not much? >> No. >> How much is not much? >> I've had a glass. >> You've had a glass. Okay. Have you taken anything else? >> No. >> Okay. Cuz what I'm observing is that you're slow in your words. You're very unsteady on your speech. And you almost rear ended somebody when you were trying to pull out. >> Okay. >> So, when you say glass, >> I'm a mile down the road. >> I understand that, man. But you still can't drive intoxicated. Okay. Which is what what I'm getting to. You understand? How much is a glass to you? Like >> 4 ounces. >> 4 ounces. Okay. What kind of medication do you take? I don't take any >> no medication. Or do you take any other >> anything else that would cause you to be a little unsteady? >> Nothing like that. Okay. Um, so here's the thing. If that's the case, that's fine. Would you mind if I check your eyes just to make sure that you are safe to drive before I let you to pull out of here? >> Of course. >> Okay. >> The vehicle search for consent. The subject said, "Of course." Under Schneckloth versus Bust Damonte 1973, voluntary consent is a recognized Fourth Amendment exception. No war, no probable cause required. The search was lawful. Once consent is given, the Fourth Amendment protection is waved. The subject's agreement was unambiguous and the recovery of the vape was constitutionally clean. No violation occurred during this phase. The DUI investigation ran under OCGA section 46 391, Georgia's less safe statute. >> A breathalyzer is not required. >> The standard is whether the driver was impaired to the extent they were less safe to operate a vehicle. Observable behavior is enough. Before any sobriety test, the officer documented three facts. Slowed speech, physical unsteadiness, and a near rear end collision. Under the totality of circumstances standard from Illinois versus Gates, 1983, those three observations support reasonable suspicion of impaired driving. >> All right. Um, do you have any type of head conditions or anything else like that that would impair you from following my finger? >> No. >> Nothing like that? Do you have any injuries with your balance, hips, anything like that? Okay. Um, what we're going to do, let's get you right over here and then I'm just going to check you, make sure you're good. Okay. We're just going to walk right over here. All right. What we're going to do, I'm going to put my finger in front of your face. Okay? I just want you to follow my finger with your eyes and eyes on there. Do you understand that? Okay. Just go ahead and drop that hand for me. Just kind of relax. Stand straight. Okay. All right. You understand the instructions? Eyes and eyes on. There's my finger. See it? Okay. All right. You can blink. >> We got a couple more rounds of that. Okay. >> All right. Right here. Just move your eyes and eyes only. Okay. Don't move your head. >> Okay. >> It's hard not to spin my head. >> Just move your eyes. >> Okay. We'll try that. Just move your eyes. Okay. Uhhuh. Just move your ass. All right. Just move your eyes. No, don't move your head. Just follow. Okay. Just follow with your eyes. Okay. Don't move your head. Okay. Next thing we're going to do, um, you said that you don't have any type of like balance issues or anything else like that that would prevent you from walking. Okay. Um, what I'm going to have you do is we're going to come right over here and I want you to stand just like you are on this line. Okay? I want you to stand facing me. All right? And then I want you to keep your hands down by our side. Okay? I want you to put your left foot on the line. And then I want you to put your right foot in front of your left foot. Just like that. So return back to the back to where I had you. Okay. I'm going to get you into a starting position and I want you to stay in that position until I tell you to begin. Okay? So get right back on the line where you were. Left foot on the line just like you have it. Right foot in front of the left foot in a heel totoe fashion just like I'm showing you. Can you do that? >> Look, I can't do it. >> Do you have balance? Any any injuries? >> I do. I have um >> Hold on, Miss Karen. Miss Karen. Okay. >> That's not what we're going to do. Okay. >> Hands behind the back. No, you're not. >> Miss Car, please don't. Okay, let's not do that. >> Put her in here. >> Let's not do that. >> Can you please? >> No, ma'am. We cannot. Okay. Cuz you were driving under the influence. >> You're under arrest. >> 6 295 signal. Miss Karen. >> Yeah. >> Hold on. Hold on. >> Can I drive home? >> No. No. You cannot drive home. >> I'm driving home. >> No, you're not, ma'am. You are way too intoxicated to drive home. >> I'm not. >> Yes, ma'am. You are. You can't even walk in a shoreline. >> That's hurting very badly. >> Okay. Well, just hold on. Okay. >> Can you please let me out a bit? >> No, ma'am. Cuz you have driven here very intoxicated. Okay. Um, go ahead and do this. >> Can you please let go? >> No, ma'am. I'm driving home. >> No, you're not, ma'am. Okay. So, the state of Georgia has conditioned your privilege to drive upon the highways of the state upon your submission to state administer chemical testing with blood, breath, urine, or other bodily substances for the purpose of determining if you're under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive upon the highways of the state will be suspended for a minimum period of one year. >> I'm refusing it. >> So, you you not only >> I'm driving home. >> Well, okay. >> Let me unhook me. >> All right. You have a right to remain silent. Anything you say cannot be used against you in court of law. You have the right to an attorney if you cannot afford to hire one. One will be appointed to represent you before any question if you wish. Okay. >> She slivered right under those. >> Put the put your uh >> let me the go. >> No under arrest. >> I'm not I'm refusing arrest. >> Well, if you keep refusing arrest, then you're going to >> we're just going to have to go back and forth with you and then that's going to cause you bigger headache. >> I'm refusing arrest. >> You can't do that, man. >> I am doing that. >> It's okay. These aren't good. >> I'm refusing arrest. >> Let me go. >> No, >> I'm refusing arrest. >> You can't refuse arrest. >> I can. >> No, you can't. Unfortunately, >> I can refuse arrest. >> Please let go. >> No. Now you're going to jail for DUI and obstruction. >> You're you're killing. >> Well, because you just slipped out of my handcuff. So now I got to get them tight on you. >> No. Walk this way. Please don't make me carry you. >> I really don't want to do that. >> Can I get my vape and my keys? >> I will get everything for you. Okay. >> I refused arrest. Why are you still arresting me? >> That's you are you can't do you can't refuse arrest, ma'am. Okay. Just like you can't drive intoxicated and you can't slip out of handcuffs. Uh we'll get your keys and everything. Okay. >> Take them off. >> No, ma'am. That's not happening. And if you slip out of them again, then it's not going to be good. Okay. >> Uh we have her keys and everything. >> Do you want to tow it? >> Yeah. It's It's not It can't sit right there. So, >> hey, John, since I can't leave her, will you also search the vehicle for intoxicants for me? Thank you. I need to go to the bathroom. >> Okay, we'll get you to the bathroom. Okay. >> Can you please unrest me? I'm not going anywhere. >> No, ma'am. >> I can promise you, John. >> No, ma'am. We can't do that. >> Did you get everything out of my car? >> Yes, ma'am. We got your purse and I got your ID and >> my vape. My vape. >> Your vape is wherever you put it. Where did you put it? >> Okay. Your vape is in the purse. I'm going to go ahead and get her to 600. Okay. >> All right. >> Give me the vape, please. >> Your vape's in your purse, ma'am. You'll get it when you get out of the jail. Okay. >> 67 central. I'm going to 600. The officer ran all three NHTSA standardized evaluations. Horizontal gaze nistagmus walk and turn and one leg stand. The subject struggled with the HGN and refused to finish the walk and turn. Georgia courts have upheld the admissibility of these tests. Refusing a field sobriety test is not a legal shield. It eliminates potentially favorable data, does not prevent arrest, and a jury may draw its own conclusions from the refusal. Probable cause existed before the subject walked away from the line. The Georgia implied consent warning required by OCGA section 46392 was read verbatim. When the subject refused chemical testing, a mandatory one-year administrative license suspension was triggered entirely separate from any criminal conviction. That refusal is also admissible at trial as evidence of consciousness of guilt. Refusal is a statutory right, but it activates an administrative penalty and simultaneously strengthens the prosecution's evidentiary position. Miranda warnings were read at formal arrest consistent with Miranda versus Arizona 1966. The right to silence, the right to counsel, and the consequences of speaking without one. Timing was procedurally correct. Then the subject slipped out of the handcuffs under OCGA section 161024. That act constitutes obstruction defined as knowingly and willfully resisting an officer in the lawful discharge of official duties. Physical evasion of restraint qualifies. The subject's repeated claim that she could refuse arrest has no legal basis. Once probable cause exists, a lawful arrest cannot be refused or voided by the subject. Resistance does not cancel the arrest. It adds a charge. The officer receives a grade of B+. Consent was properly obtained. Sobriety testing followed protocol. Implied consent was read correctly. Miranda was timed right and force stayed proportional throughout a physically combative arrest. The deduction is tactical. The handcuff application was not secure enough to hold, allowing the subject to slip free. More thorough restraint at the point of arrest would have prevented the obstruction charge and the additional risk entirely. The subject receives a grade of test claiming the right to refuse arrest and slipping the handcuffs each added a separate charge on top of the DUI. The sentence 12 months probation with home confinement, alcohol treatment, and random screenings followed directly from those choices. Five takeaways from this footage apply to anyone who may face a law enforcement encounter behind the wheel in a retail dispute or on a public street. Each is grounded in the statutes and case law that governed this case. Lesson one, consent to a search is immediate and binding under Schneckloth versus Bustamante. Once you agree, the Fourth Amendment protection is waved. You have the right to decline. If you consent, that decision cannot be reversed after evidence has been found. Lesson two, Georgia's DUI standard under OCGA section 46391 does not require a breathalyzer. Documented observations of impaired speech balance and driving are legally sufficient. A clean blood alcohol number is not a guarantee against arrest. Lesson three, refusing chemical testing or OCGA. Section 46 392 triggers an automatic one-year license suspension regardless of criminal outcome. The administrative and criminal tracks are separate. Refusal activates one and provides evidence for the other. Lesson four. Physically resisting a lawful arrest is a standalone offense under OCGA section 161024. Challenge an arrest through council and the courts. Physical resistance at the scene adds a criminal charge regardless of whether you believe the underlying arrest is justified. Lesson five, voluntary statements during a stop or arrest enter the evidentiary record. Miranda vers establish the right to silence for exactly this reason. Admissions about alcohol. Assertions about legal authority. Statements made under all that is usable by prosecutors. Silence is free. If this breakdown clarified how these laws operate in the field, subscribe to our channel. We analyze body camera footage through a legal and tactical lens because knowing your rights and understanding how law enforcement operates are both worth your attention.