on Monday November 20th 2023 at approximately 9:15 p.m. New Mexico State Police Sergeant Toby lefave was on routine Patrol when he observed a black Toyota driving without any lights on as the driver began to turn they hit the concrete curb before pulling into the Walgreens parking lot at the intersection of Main Street Northwest and Camelot Boulevard in Los Lun New Mexico 7 do [Music] here's while Sergeant lefave was speaking with the driver he noticed a strong odor of alcohol emitting from the vehicle along with the driver having bloodshot and watery eyes you have your insurance wa actually give me give me that registration right there give me that one right there yeah and then let me see your insurance I think have 1042 have a good night thank you good night it's okay don't worry about it the driver was identified as 23-year-old Estrella Gutierrez see your see your tail lights you driving without your lights on you didn't have your lights on oh that's why I'm stopping you and it's dark oh um I don't know I didn't think it was too dark I mean okay well by LW you have to have them whether you think it's dark or Not by LW you have to have them on no okay and then back over here when you when you when you made that left hand turn you went over the curb you don't you don't you remember that either no I I know I'm sorry okay come with me here so where you coming from um huning Ranch you were coming from huning ranch or you going to huning Ranch no I was coming from huning Ranch I I wanted to stop at Sonic but I didn't which way is huning ranch from here that way okay so you're going to huning ranch or you coming from Hing Ranch I I was coming from Hing Ranch and I was going to Sonic and then I was going to go okay because because when I saw you you were traveling eastbound towards huning Ranch yes okay yeah no I maybe I'm confused okay so you okay where were you where were you coming from just now huning okay where were you going to now I was going to Sonic okay so you come from H Ranch yes and Sonic's Sonic's down the street Hun's over there yes okay but you were going that way yes I I had called my boyfriend oh got you I asked him if he wanted Sonic and he said no okay um so okay so you come from so so where were you coming from huning wrench well yes okay that's fine that's fine I'm probably just confused how much how much you had to drink today M Miss Mes I haven't had anything okay let's be honest with each other cuz I can smell from your breath I smell I smelted it in the car I SM for your breath I like two drinks okay when when you have two drinks uh 8:30 8:30 okay just wa right there I'm good yeah okay so you had two drinks last one at 8:30 yeah what would you have to drink um I had like a mixed drink I had um fruit punch and vodka I guess okay that's s you just s down my light put your he heing toes together I'll make sure that you are safe to drive check your eyes any any major head injury no okay see my fingertip follow my fingertip with your eyes only don't move your head this hand's going to move from your left to your right fall the whole time okay okay nope don't move your head oh keep keep your nose facing my nose okay your sides your sides right here during the field sobriety tests Sergeant lefave noted several signs of impairment which included starting too soon using arms for balance improper turning and unable to maintain back bence while listening to instructions look at me look at my finger ready but don't move your head hands are your sides keep keep your nose facing my nose same thing I'll tell you when we're done okay same thing I'm going to go up and down follow my fingertip hands your sides right [Music] here good this Getta to a quick test we possibly get you on your way any problems walking bouncing your turning um no are you are are you pretty healthy yes okay can can walk find those shoes uh yes okay come over with me come over just just stand right here put your heel and Toes together okay right now the only thing I want you to do is just listen to me okay okay imagine a straight line from your left foot to my right foot okay can you imagine a straight line yes okay the line width be the width of your foot which is about 4 in wide roughly Miss Miss C do me a favor on that imaginary line place your left foot just like this okay now place your right foot directly in front of your left touching heel the toe like I'm doing and stay like that hands at your sides okay do not move until I te you to do you understand yes or no yes sir okay now for that position when I tell you to begin and only when I tell you to begin you will take a series of nine heel toe steps down that imaginary line look just like this watch me don't start it just like this one two three I took three you will take nine once you take nine steps you'll make a turn keep your front foot planted with your back foot bring around like this taking serious small small steps turning all the way around and now you facing my police car okay did you I'm so sorry um I'm allowed to keep my heel or um my toe I'm sorry my toe and I'm allowed to keep it on the ground yes ma'am keep your keep keep your front foot planted and with your back foot turn all the way around okay did did you understand the Turning process yes okay after you turn you'll take nine more heel toe steps towards my police car just like this one two three back down number nine M gas during this test keep your hand directly at your sides okay look down look down your feet while you count and count l so I can hear you also once you start this test don't stop it until you've completed it and don't forget to touch heel the toe okay any questions for me no do you feel I understand yes okay next up we step number one one 2 3 4 5 6 he toe your proper turn one two heel toe K two again okay turn Face me put your heel toes together head on your sides next test called the one leg stand okay okay when I tell you to begin what I want you to do is raise the leg of your choice either your left leg or your right leg approximately six inches parallel with the ground okay do you know the word do you know what the word parallel means yes um I'm I I don't really know how much six in roughly roughly size of a Coke can roughly approximately okay okay I'm not I'm not I'm not going to sit there and measure it but it's roughly that tall okay okay watch me don't start yet man my hands are on my sides what I'm going to do is I'm going to raise my left leg okay okay my left leg is my toes is pointed my foot's about 6 in parallel with the ground which means level hands on my sides once your foot is raised look down at it and count like this this 1,1 1,2 1,3 1,4 1005 and you will keep on Counting until I tell to stop counting okay ma'am during this test keep your hands directly at your sides okay look down the foot that's elevated and count out loud okay any questions for me no do you you FL ins everything I want you to do um yes yes are you sure can we go over it again just to make sure sure hands on your sides okay look down the foot that's that is elevated and count just keep on Counting until I tell you to stop counting and count 1001 1002 1000003 okay until I tell you to stop okay any questions no fully understand yes okay ma'am you can start when you want and I will tell you when to stop okay 1002 134 10056 1789 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 12223 take step so missz did did did you everything I want you to do tonight I'm sorry did you understand everything I wanted you to do tonight um yes there was there was no question no okay walk up to the front of my peace car face it like see that little red light red light see it look at that and put your hands behind your back there you go keep behind right there okay I'm I'm pull your sweater you have a small rist so lock them all the way Pals together okay Miss listen to me right now about to tell you something very important you are under arrest for driving under the influence of intoxic liquor Andor drugs the mesal ACT CA you to submit to a breath test to determine the alcohol content of your blood after you take our test you will have the right to choose an additional independent test if you choose to take this additional independent test you have the right to reason opportunity to range for a physician a licensed nurse or laboratory technition or technologist who Appo by hospital or a physici of your own choice to perform additional chemical test the cost of this additional test will be paid for by the law enforcement agency which is us the New Mexico State Police M gas do you agree to take our test at which time I'm asking you for a breath test yes can you turn Face to me oh open your mouth lift your tongue anything in your mouth no just your teeth and tongue yes okay it is now it is now 9:27 okay anything poke me stick me hurt me no okay those are the keys to the car yes okay M tell take them off your neck okay okay 517 come I'll get them if you could roll one we're in the Walgreens parking lot and at 2127 Go and show that 1041 1015 for 47 implied was red verbally agreed mouth is free and clear you going P my car you get pockets okay nothing in your pockets no no nothing in your waistband okay nothing in your back nothing in your hair okay come back here with me I got to move some books back there so give me one second one second okay go and have a seat Sergeant LEF brief briefy searched the vehicle and located two bottles of alcohol with one being nearly empty Sergeant lefave also found packages of meat in the vehicle to which he asked Gutierrez who could pick the meat up so it wouldn't go to waste okay you have some you have some meat in the car I'm sorry you have some meat some meat in the car yes who could we call come pick up the meat cuz CU cuz cars didn't get tow but I don't want you to lose all that money so who who could we call to get the meat um my boyfriend okay how do you how do you how do you unlock your phone um it's with like my fingertip but it's and what's his name Steven oops it'll be under a baby doll okay I think he just called you okay so I put on speaker phone Sergeant lefave called gutierrez's boyfriend and and asked if he could pick up the meat to which her boyfriend agreed and ultimately did pick up the meat a short time later Gutierrez was taken to the Los Luna substation for processing where she also gave two breath samples okay right here's a brand new s mouthpiece no one's ever used it okay takes our end of the breath tube and this test is going to be a two breath test which means you have to give me two two breath samples just want to stand up right here come here what you going to do you going take a deep breath and blow like a balloon don't stop blowing okay the same flow go take a deep breath and blow step the first sample indicated gutierrez's blood alcohol content level was. 22 which is nearly three times the legal limit of 8 okay same thing as last time going and stand up take a deep breath and blow step thank you the second sample indicated gutierrez's blood alcohol content level was 21 any questions uh what happens next as far as tonight or as far as the whole the whole process uh tonight okay sure so tonight I'm I'm going to finish my paperwork I'm going to put you in there um give you your phone you can call whoever you need to call um once we're once we're ready to Once once we're ready to leave here I'm going to take you down to vcdc the the jail down here book you in um you'll be changed out uh the judge um depend on depending on their schedule he or she may may may let you out tomorrow that's again I don't know their schedule um and then go ahead I'm sorry um is it more likely that I get out on like Monday no no well sorry um it won't be that long I don't believe after processing Sergeant lefave transported Gutierrez to the Valencia County Detention Center without incident Gutierrez was charged with aggravated DWI First Defense improper equipment driving without lights on careless driving and open container First Defense um okay