on Thursday December 26 2024 at around 11:30 p.m. a Bernal Leo County Deputy was out on patrol when he noticed a pickup going the opposite direction at what appeared to be a significantly higher rate of speed than normal the depuy's radar indicated the vehicle was going 80 mph in a posted 45 mph Zone the deputy turned around and began catching up to the vehicle when he noticed the driver having a hard time maintaining their Lane we'll be stopping Red on the I40 eastbound interchange [Music] [Music] what's up man how's it going wait why are you driving like that not be a good driver what's that might not be a good driver you might not be a good driver as the deputy began talking to the driver he noticed an odor of alcohol coming from within the vehicle along with the driver having bloodshot and watery eyes how much have you had to drink nothing at all okay well so when I flipped around to catch up to you you were going 80 M an hour that's why I turned around um when I turned around you were failing to maintain your lane too you understand why that's concerning right okay where where you headed to home okay and you said you're coming from a buddy's house okay nothing going to drink over there um take your hat off put your hands up here see the tip of my finger just follow with your eyes your only move toward me move toward me a little bit there you go okay give me a second what who do you work for I okay all right give me a second okay shut shut your truck off way give me that key too you don't have a you have a gun on you uh there's prob there's will be console just just don't for be morning all right what time you got to be at work okay all right all right you you have the key all right you key fob all right appreciate you hang tight the driver was identified as 31-year-old Truitt Bushnell who's an Albuquerque police officer no he he knows what's going on so he says he hasn't consumed alcohol but uh more than likely 1080 in the center I just told him not [Music] to what's your first name true it go ahead and hop on out real quick you're not under arrest you know you know what's going on yes sir go go ahead and walk right back here any weapons on you or anything no sir all right walk back here true it hope you're speeding you failed to maintain your lane as I'm standing at the window I smell an odor of an alcoholic beverage now you're chewing gum um can you be okay can you be honest with me and let me know did you consume any alcohol at all that's I'm talking about okay is there any reason at all that I'd be smelling alcohol in you no col okay um was anybody drinking at your your buddy's house that's where you're coming from no that's okay cool all right um I'd like to do a field sobriety test on you just to make sure that you're okay to continue driving um are you willing to go through a field Surety test so I don't have my ankle brace on I broke my ankle on the gun fight you what I broke my ankle and the gunfight as a cop my right ankle okay I don't have my brace on I also have have some some instability in my hips and everything else so are you not not able to do a standardized field sobriety test so I I totally feel safe to drive home but I I do have some injuries okay so so are you not able to do the standardized tests of course there's alternative testing that we can do as well like what are are you a cop yes I'm with APD okay okay um so there's like there's the alphabet test counting test and finger dexterity okay well and my hands been broke a lot but okay I the alphabet okay um are you willing to go through the testing uh so what does it consist of so I would do the the normal hgn test with your eyes you're you've probably been educated on that I'm sure um and then because you have inabilities to walk and turn as as you're you're saying I believe you um we could go on with alphabet test counting test and finger dexterity tests so my fingers you can see my hands been broken a lot what about your other hand my left hand so have you ever heard of that what's that okay never heard of that it's a ratory arthritis come on come on back over here all your joint so your joint exter not good okay so are you not able to do a finger dexterity well where you're going like this with your fingers it's super bad rature arthritis and all your joints so it would definitely affect that so you wouldn't be able to do any hand movement that's okay I mean it probably mess it up a little bit yeah okay that's fine all right take take your hat off put it go ahead and put it right there could you put my thank you so you still currently work for APD yeah I got to be at work tomorrow okay um all right sounds good um do me a favor let's let's stand right here face my vehicle oh you could face me right here this this will be good stand with your feet all the way together just like this yes all the way together just like this there you go hands to your sides stand that position till I instruct you to do otherwise okay you see the tip of my finger right here yes sir I just want you to follow that with your eyes and your eyes only don't move head or your body do you understand that test yes sir you have any questions about it no sir okay cool uh any recent uh head injuries qbis concussions I I did burn my skull and parach jump in the Army about how long ago it's been uh years eight years so nothing recent no okay cool I still box and stuff but I shouldn't have a head in room okay okay sounds good so you're you're you got to follow my finger as far as far as it goes okay don't don't stop you see my finger yes sir okay follow it all the way over so you're getting ahead of my finger just just follow my finger and make than and don't so you move your head a little bit we'll just follow with your eyes and your eyes only so to follow my finger I see that you follow my finger but you're looking behind my finger um just because when I go to move it back your eye is still fixated on whatever is behind me do your best to follow my finger here yes sir okay go ahead and relax what do you have gum in your mouth yes sir spit your gum out what kind of gum is it so I Che like um it's my teeth I quit dipping uhhuh so I have to always chew gum I always have gum in M okay okay all right do me a favor um what level of education do you have I went to the high school L okay do you know how to do you know your alphabet pretty good I I mean you're required to know your alphabet to be in law enforcement so I'm losing so it's not as good okay you know your alphabet though roughly yeah okay um do you know how to count and count backwards yes okay um I want you to start with the letter G continue your alphabet with singing in until you hit T going forward yes sir do you understand the test yeah I don't know if I I really am not it's embarrassing my my education level in louen is not not that good but you made it to high school yeah through high school I mean you have to have your GED or at least high school diploma to be a cop right those are service but do you have a high school diploma I I do but I I test out of school early so okay are you unable to do that test so what is the test again so I want you to start with the letter G continue your alphabet forward until you hit T without singing your alphabet without singing it yes sir I might could try that but go ahead do you understand it yeah a G4 to T without sand yes sir Okay g h i j k l m n o p t Okay um do you know how to count backwards kind of yeah okay I want you to start with 68 and count back backwards until you hit 53 okay can you do you understand that okay any questions no okay go ahead from 68 to win to 53 all right 68 67 66 65 64 63 62 61 60 59 58 57 56 55 54 53 okay which hand do you have best movement then some right hand dominant and I broke the cores really bad and then my left hand it still has it really U messes up the joints and restricts the movements there okay so which hand do you have best movement in so my right's going to be a little bit limited with like actually closing in but I could almost simulate but it would be a little restricted again easy question which hand do you have better movement I would say my right but it it's a little mangled if you could okay just take that in account absolutely I will um for this test I want you to start with your index finger and your thumb when I tell you to you'll go like this you'll go 1 2 3 4 4 3 2 1 that's one iteration I want you to do that three times do you understand that yes sir do you want me to show you again yes um so when I tell you to You'll Go 1 2 3 4 4 3 2 1 that was one iteration I want you to do that three times yes sir okay 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 third generation okay so I been doing this for a while I I know that you've consumed an alcoholic beverage today um how how much did you drink I haven't drink alcohol sir I have a PBT would you want to prove me wrong with the PBT no sir okay all right go ahead and put your hands behind your back Sir [Music] we'll walk right here s and face my vehicle face my vehicle right here minut do me a favor open your mouth lift up your tongue you have anything else in your mouth yes sir time is uh 23:46 so I'll have you walk back over here get you in the vehicle I I'm not far from here it'll be a 2-minute drive you uh I have a scarf on could you cover my ears please a little bit yeah absolutely thank you man I don't know if that really helps yeah if you give me some heat go go ahead hop in get you some heat back here R you here you're a big guy D got to read this to you listen to me I'm about to tell you something important you're under arrest for DWI the new New Mexico implied consent act requires you to submit to a breath test to determine the alcohol content of your blood after you take your test you have the right to choose an additional independent test if you choose to take this additional independent test you have the right to a reasonable opportunity to arrange for a physician licensed nurse or laboratory technician or technologist who is employed by a hospital or a physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by the law enforcement agency do you agree to take my test so a chemical test a blood test the the breath test I would like to do a blood test okay but not the breath test so I would like to do a blood test right now um but I'm willing to pay for it I about to have a blood technition come okay um so if if I decide to go that route then we can do the blood test but first thing that I do is is breath test so my question to you is do you agree to take the breath test so may I have a blood test in you of the breath test no sir so I would like a blood test okay um I can't force you to take our tests but if you refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in court of driving while under the influence you may also receive a greater sentence because you refuse to be tested do you understand no okay I'll read it again I can't force you to take our test but if you refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested you understand that could you explain that L yeah so if if you refuse to take this breath test you may lose your non-resident operating privilege for one year and if you're convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested so basically if you refuse to be tested you may lose your license in addition to that you might receive a greater sentence because you refuse to do the breath test yes sir but I refuse um okay I'll take you over there I'll put you right next to the machine and I'll give you an opportunity okay and can I an attorney what's up I have an attorney yes but um you you're your right to have an attorney right now um you don't have you can't get an attorney right now this isor okay call attorney yeah that's says your right to speak to an attorney or remain silent does not apply to the requirement of New Mexico law that you take a breath test a technici we'll get to that point but we'll we'll get out of here for now right now no uh right now no first first order of business for me as a breath test all right sir thank you hang tight Bushnell was placed under arrest for aggravated DWI speeding and failing to maintain a traffic lane Bushnell pled not guilty and was released pending trial the case is currently ongoing with the next hearing scheduled for February 27th 2025 okay cool thanks a lot D