I'm giving you an option that that I'm put pretty awkward position because your laps of judgment so let's go ahead get it figured out well I've done hundreds of these okay I understand this isn't my first rodeo I'm not impaired in any way I have one Yingling and this will if you're not impaired then there must be some type of medical issue that you're [Music] having welcome back to the Donnie Rapture Channel RI always bring you fresh never before scen body cam footage today's body cam footage starts out around the John's Pass Sandbar and picks up after FWC officers observe a vessel violating the slow speed zone hey guys the reason for the stop today you're going a little too fast I got you partner got yeah it's all slow speed zone in here you guys were pretty much up on plane you got your driver's license and registration for the vessel Captain is this yours or is it a rental jet ride Freedom uh my okay recording that other item I asked you for oh registration oh they show you that is yeah I don't know any firearms on board oh what's that any firearms on board yes I do have my okay perfect yeah just leave it where it is be good you're good man sweet perfect thank you all right so I'm going to go through a quick voting safety inspection I'm going to have everybody just have a seat if you can but the captain and just grab everything Captain guys he life jacket for every on board and a type four throwable you got that second thing I asked you for that type four throwable Tye throw throwable ring to be honest this my first time running a boat yeah so a life ring under there it's right there that your throw perfect yep that's it awesome and then can I see a sound produc device and a fire extinguisher horn whistle Bell sign signature is I don't know if it's going to come off no no you're good man does the boat have a horn that works okay yeah [Music] um so you can maybe look in the box right there does the look on the dash and see if the boat has a horn maybe there you go perfect perfect how much you had to drink today how much do you have to drink today had a beer a beer all right do you mind if I just shck your eyes real quick make sure you're good to drive perfect and just stand you just stand right here in the middle perfect arms and arms heels and Toes together perfect you're going to keep your head straight okay you're going to follow the tip of the pin with your eyes and your eyes only okay so head straight follow with your eyes keep your head straight for me all right what I'm going to have you do is grab one of these life jackets just cuz you're the boat's moving I'm just going to have you sit over here on my boat just to make sure you're good to drive okay good if you want to just put that on before you hop over yes sir and then what we're going to do is we're going to wrap this around is it sit over here yeah we're just going to go in the front of my boat just it's a little bit easier to be sitting down I just need to make sure everything's out here safe gotta if you want to put this around your back yes sir and then you just clip it on there just like an air airplane one and then you can just step right on over there and if you want to just have a seat right here in this front seat right here no right here perfect and then if you want to just put your Vape in your pocket and then he's going to turn so you don't need your glasses if you can put them up on your head or put them on your knee whatever you feel like doing make a fist with both hands extend your IND finger turn your palms forward fist index fingers down by your side all right you remain this position with Twi task do you understand when I tell you two you're going to touch the tip of your nose or the tip of your index finger and immediately return it to your side this is the pad these are the sides the tip is right on the end and the tip of your nose is the dime size portion right here on the end of your nose Okay when I say right you must touch your right index finger to your nose when I say left you must touch your left index finger to your nose do you understand all right go and me me you want me to reread the instructions let me read the instructions make a piss with both hands extend your any singer and turn your Palms forward like that in this position this position like when I say again you're going to til your head back about 45° angle and close your eyes head back eyes closed when I say begin so you can open your eyes when I tell you to touch the tip of your nose to the tip of your index finger and immediately return it to your side tip pad sides only thing you're worried about again tip your index finger tip to the DI size portion on the end of your nose all right when I say right you must touch your right index finger at your nose when I say left you must touch your left inex finger nose do you understand yes sir all right go ahead and begin for me left well did you say pad or side all right so remember the part where I said the only thing you're worried about is the tip of your index finger to the dime size portion of in your nose yes sir you say TI make try okay let me reread the instructions one more time okay cuz I want to make sure it's totally fair for you I just want yeah make a fist with both hands extend your ining fingers and turn your palms forward just like you're doing now remain in this position while T the task do you understand when I say begin you're going to til your head back to about a 45 Dee angle and close your eyes fingers here head back your eyes will be closed My Eyes Are Open sir your eyes will be closed all right when I tell you to touch the tip of your nose with the tip of your index finger and immediately return it to your side again your INX finger pad sides the only thing you're worried about tip your inex finger to the DI size portion no sir the only thing like I said the only thing you're worried about is tip your finger I know the right yep dime size portion your nose sir when I say right you must touch your right index finger to your nose when I say left you must touch your left inex finger to your nose you understand yes sir all right go ahead and begin for me all right left and me to the turn it to your side right keep your head back eyes closed I'll tell you when to open them left right right and left you going on your eyes and look at me same thing again I'm going to read it to you listen and and follow the instructions all right place your hands Palm to Palm with one hand up and one hand down like this it doesn't matter if you have your left hand on top or right hand on top whichever you're more comfortable with all right are you comfortable in that position okay you're going to remain this position while explain the task do you understand all right when I tell you to again turn your top hand over count out loud one then turn your hand back over count out loud two counting only when your hands make contact like this one two one two one two one two you're going to repeat this speed up as you go and not stop until told make sure you keep your hands and fingers parallel during each Pat like this so not down not up not crisscross all right go to me [Music] again all right and you can stop for me make fist with both hands place your left fist to the center of your chest and your right fist against your left fist like you're doing now remain in that position don't do anything else until I tell you to do so do you understand all right when I say begin you're going to perform four tasks the first task is to count out loud from 1 to four while you move your fist in a step-like fashion making contact between your fists at each step 1 2 3 4 the second task is to memorize the position of your fist after you've counted to four and clap your hands three times and return your fist in memorized position the third task is move your fist in a step-like fashion in reverse order counting out loud from 5 to 8 5 6 7 8 returning your left fist to your test okay the fourth task is open your hands your palms down and place them on your lap you want me to redo it I think I understand it's a little okay do you want me to re go back over it should be fine okay all right good and begin for me all right 1 2 3 4 1 2 3 5 6 7 8 and then back to my perfect all right hang tight for me real quick okay all right so the way that this goes next all right I'm I obviously I've already talked to you about about the breath sample I'm going to request a breath and a urine sample okay to determine I'm going to read it to you um have you ever been in trouble before I was arrested once for driving with a suspended license okay DUI anything like that okay so just so you're clear hear me out real quick um both breath and your in Sample okay if you say yes to one and no to the other it's a refusal if you say no to one and no to the other it's just one refusal if you say yes and yes then it's not a refusal so you're going to get charged with Bui if you say if if you say you want to do either either the breath or the urine it's a $500 civil interraction okay um being that you've never been in trouble for refusal to submit anywhere in the country okay just we ubered here it's my girlfriend's birthday I at dinner I'm just trying to figure out how I'm going to get her home um I'm those are your friends right I mean my girlfriend two of my best friends her friends okay where where were you born at in Florida yeah St Joseph's so the these the tasks that I did with you not P or fail okay they're they're to show impairment um you're showing impairment I have one Yingling dinner I got you are you on any type of medications are you on anything else that might lead medical marijuana anything like that cuz those all I I do have a medical Marana card I haven't had any today at all okay okay because I anticipated being on a boat and didn't anticipate being pulled over but I didn't want to bring any no I got you um just so you know marijuana can impair you for up to 24 hours so um your your impairment the odor coming off of you is I can smell alcohol coming off your bread you can smell that I I can smell that's amazing I'm sorry I'm going through a bit yeah no I I'm in the midst of a divorce this royally [ __ ] up everything and I don't understand why you why you're arresting me because I'm I'm honestly not imper I'm happily going to submit to an okay are are you having are are you having medical issues do you you need to get checked out by a fire rescue okay does he have diabetes are you diabetic are you having some type of medical episode that you need to get uh medical assistance I asked them how fast I was supposed to go through here and they told me that what I was going should be fine I'm assuming that's why you pulled yes that was the reason for the Stop is yall were going way too fast I didn't know whether or not I was going too fast slow because I've never rented a boat before this is my first a boat okay what I'm getting ated right is so I I have a lot of training in this I'm not just a regular officer so hear me out hear me out okay so are you having are you having a anxiety attack are you having some kind of a medical episode that I need to call Fire Res when told me that a cop was pulling me over I got extremely nervous yeah like holy [ __ ] I just had a Yingling but that's literally the only so what I'm what I'm saying is you're you're how you're functioning with with your hands your cognitive stuff is not matching what you're saying does not match if and when whenever I pass a breathalyzer in a urine test what happens then it it goes to the court but what I got to go to court to prove to jail yeah you're still going to jail okay so regardless your word based on what I saw you're impaired okay what I'm getting at what I'm getting at is if you're having some type of medical episode or you're having an issue I would like to call fire rescue to get you checked out to make sure you're not having some kind of issue where it's Mim your your medical issue is mimicking impairment and I need to send you to the hospital rather than take you to jail I mean outside of anxiety from being pulled over for what I believe to be literally no reason well I'm doing a speed that I was told by the people in the boat that were well the the people the people in your boat were incorrect because I've never driven I've never rented a boat before literally like about a month ago my girlfriend said that the only thing she wanted for her birthday was to be able to rent a boat okay so I rented a boat okay I've never rent a boat so do you see how this boat right here that's coming at us the bow of the vessels uh settled in the it's a slow speed zone so see stand right there slow speed minimum weight that's the acceptable speed that you should be operating Your Vessel at right here where you guys were we're going I got you you guys are up on plane creating a wake now is it applicable to the fact that I had the majority of the passengers in the back of the boat everybody was sitting up front there was two girls in the back and your buddy was sitting right next to you one girl up front but that doesn't matter well I either way what I'm saying is that I I don't know okay either way like I I asked them like okay so how fast should I be going through here and they said this should be fine and the next thing I know I'm getting pulled over I literally have no idea so I'm just going off let me let me just sum this up I'm not trying to be rude or anything to you I'm just giving you it's a point I understand that so let me let me give you the facts right you got pulled over okay while during the stop the signs of impairment that I observed were the odor of alcohol coming off of your breath okay and I was asking you for items two at a time you're giving me one at a time and you look at me you're forgetting that other item okay to be fair you you asked for two items that are part of the boat that I just rented and I so so that's a responsibility of you as an operator okay so what here's what I'm getting at man you're showing signs of impairment obviously at the level where I felt that you need to be placed under AR cuz you're not safe to operate the boat okay I will gladly call fire rescue for you to get checked out to see if they think that you need to go to the hospital because you're having an anxiety attack your blood pressure is low or high or whatever like that because if you're saying I swear I only had one drink blah blah blah blah there might be something else going on rece okay do you want me to get fire rescue to come and check you out make sure you're if if they if fire rescue says that you're having a medical episode you go with them what I'm getting have you had any of this in the past no okay I me I've never been in the situation before and because of the current situation that I'm in Legally okay it really concerns me that I'm about to be arrested for a DUI for literally no reason okay I mean I understand might have been going a little fast out of the Wake Zone you could have happily told me hey slow it down slightly yeah that that was that was my intention I really I really had no idea whether or not was going too fast or too slow because I never rented a boat before last time I was in a boat was about 15 years ago with my dad I haven't been on one cent so I don't know what these signs mean I don't know what no Wes mean I I've never been on boat as an adult unfortunately when you get on the boat that that renter the renter the person who rented it to you if you're born before 1987 you don't technically need a license I was born August 5th 1987 so technically I didn't need one okay I assumed that everything was fine I would just ask people who are on my boat who have been on a boat before whether or not I was fine and doing what I was supposed to do okay I I really didn't expect to be pulled over and even though I was pulled over I I certainly didn't expect this okay um again I I'll happily take a breath lier and a urine sample okay and hopefully be out of here in about eight hours I mean I do you do you want me to call the fire rescue to get you checked out I mean honestly if you're if you're claiming at this point that I'm intoxicated and I show signs of impairment I don't know that I trust your judgment to call an uh fire arrest if you think that I'm impaired because you're claiming don't trust your judgment for calling fire rescue well you're claiming that you trust his judgment that I'm impaired do you believe that I'm impaired I didn't perform the task with you so I didn't see anything either way if the claim is that I'm impaired let a blood and alcohol blood alcohol urine sample or a breath lizer test prove that to be fact or not I mean honestly I'm okay I I'm just trying to be nice and I'm giving you an option that that however I'm putting in a pretty awkward position because you're laps of judgement so let's go ahead let's get it figured out let's go well I've done hundreds of these okay I understand and this isn't my first rodeo I'm not impaired in any way I have oneing if you're not impaired then there must be some type of medical issue that you're having according to the report upon arrival at the pcso jail the subject became extremely uncooperative stating that he wanted his attorney prior to the breath and urine sample and refused to speak to anyone and did not provide the requested samples the man was charged with boting under the influence and refusal to submit a breath sample I hope you guys like today's video if you did please be sure to hit that like button and if you aren't already subscribed I'd love to have you [Music]