on Saturday November 4th 2023 at approximately 11:27 p.m. New Mexico State Police Officer David Savage was out on routine Patrol when he noticed a white Chevy sedan approaching him from behind going well above the posted speed limit as the vehicle passed officer Savage the driver made a sudden Lane change right in front of another car which nearly caused a collision go over one more officer Savage caught up to the sedan and began pacing the vehicle to match the same speed officer Savage's radar indicated the Matched speed was 70 mph in a posted 45 mph [Music] Zone time for we're going to be cruising Central as the driver came to a stop the driver immediately jumped into the back passenger seat and the front passenger jumped into the driver's seat Cliff for 28 Paul Frank Robert 932 and I think they're switching drivers how are you you have your driver's ice on you why is that okay give me a favor go ahead and step out how old are you 15 okay stand at the front of the car you jump out that side come back here what's going on nothing you think I'm dumb no I saw the whole thing thing what are you talking about why'd you have switch we didn't switch okay whose vehicle it's mine I saw a whole thing saw you jump in the back seat saw the entire thing man I know what talking about do you have your driver's license it's right there in the where console okay do you have any weapons on you no sir place your hands up here turn around place your hands up here how old are you 24 okay just hang out for me you're 15 man yes sir where's your wallet where's your wallet what where's your wallet where's your ID where is it my yes sir I don't want you to go for it I want to know where it's at the console the center console yes sir okay hang out right here you social do you know social yes sir what's your social cool just hang out all right man let's start over what was the point of that what I saw the whole thing I know what you're talking about as soon as we pull in the parking lot I hit my light bar I saw your head jump into the back seat and I saw him jump over the center console talking about okay I mean if this is the route you want to go then this this is the route we can go okay so what's going on dude nothing why are you so afraid to be driving that car not okay he was driving I know I'm talking about okay L I know I'm talking who's he to you my little brother why would your little brother be driving your vehicle it's not my vehicle okay whose vehicle is it it's my mom's how much have you had to drink today nothing nothing at all nothing at all so why can I smell it on you I don't know it's up to you I already don't know okay I don't want you to move I want you to sit right there okay sir what's up man what's your name uh what what's going on tonight man uh he had a little to drink and then he's just making all kind of dumb decisions so okay so let me before you even start with a lie cuz it's going to make it worse for everyone here I saw the entire thing okay why'd you jump over I was scared okay did he tell you to do that okay you're not in trouble but you obviously don't have a license right right okay if you want you can have a seat in the car I'm not going to hassle you much more all right boss man come here stand right here look at me I already know I'm not even going to ask you because I already know I saw saw my dash cam no he was driving as soon as I hit the light bar I saw your big old head jump over the seat and I saw his head jump over the center console so we're not going to play that game I'm know talking about I can smell alcohol on you okay your eyes are bloodshot they're watery how much did you have to drink I wasn't driving we're not even going to go there I wasn't driving we're not even going to go there cuz I already know and I have it on camera on my Dash I wasn't driving we're not going to go there okay I know you're driving okay and on top of that I just asked your brother and he rided you out no I wasn't driving I saw the whole thing no I wasn't driving so okay so how much have you had to drink tonight nothing I need to run you through field toiy test you say you haven't had anything to drink tonight no sir nothing at all no sir why can I smell it on your breath as you speak with me that's up to you that's not my question I said why can I smell it on your breath as I speak with you okay how much have you to drink tonight nothing nothing at all yes sir okay so we'll go with that like I said I'm going to run you through some tests stand with your feet together toes touching you're not going to what I don't I'm not going to you're not going a what I I said I need to run you through some tests okay okay I'm not going to you're not going to comply no at all I'm not going to do them why is that cuz I don't want to okay well I'm giving you the option to I don't want to sir when I saw you driving your vehicle you were doing almost 75 mph was that yes sir you were swerving around V vehicles I caught up to you it looked like you were going to run right here on Central you pulled in here all eratic switch seats so I didn't do that sir we're not even going to sit here and argue no sir cuz one I saw it with my own eyes and two it's on my dash cam okay okay so it's up to you but I do that I didn't that's your opinion and you're free to have your opinion okay I need to run you through some tests tonight I don't want to I don't feel comforable with that why is that I just don't I mean I'm giving you the opportunity no I know you've had a little bit to drink even though you say you have't if you're if you're fine to drive I'll put you back in the vehicle you'll be on your way no I'm a good sir I'm giving you the opportunity okay are you going to consent to standardized field test no sir I'm not going to why would that be I don't feel comfortable with you okay would you feel comfortable with another officer no sir h no sir why not if you want to do something then go ahead okay well I'm asking you what I I need to do is I need to know your level of impairment I'm not you are cuz I can smell it you're slurring your speech your speech is is slowed as you speak with me okay I know that you've had something to drink it's coming off your breath as I'm standing this close to you okay you're saying you're not that's fine yes sir okay goad I got better stuff to do than to sit in a jail cell for 5 hours tonight okay yes so I don't want to be out here longer than you do all I want to do is run you through some tests as soon as I do that I'll put you back in the car I'm not going to do that you can drive your brother home I'm not why is that cuz I'm not you're refusing yes sir alt us yes sir you mind if I check your eyes no why is that cuz I don't have a time okay I'm giving you the opportunity man now I'm good the driver was identified as 24-year-old Michael tenorio what does that mean you arrest me go ahead are you in cuffs you can if you want to you're obviously not in cuffs right well if you want to you can let me check your eyes no you can't why you want to do that cuz I need to know if you're safe to drive the vehicle or not I'm safe I can't take your word if I took your word I'd be I'd be a crappy cop right you're good bro so I'd like to check your eyes tonight are you going to allow me to do that good will you stand with your feet together okay toes touching is that a lawful order yes sir I'm going to check you I'm going to make sure you're safe to drive tonight stand with your feet together till suching n you good brother Arms by your side do you have contacts in your eyes is that a lawful order like I said I'm going to run you through some test okay good I don't I don't submit you don't submit the test I don't submit the test what's your name Michael tario Michael tario like I said I'm giving you the option I can tell your your speech is slurred right now it's very slowed your eyes are bloodshot they're watery I can continue to smell alcohol on you okay are you going to consent to test tonight okay Mr Torio turn around nope turn around don't move why didn't your feet Bend at the waist Bend at the waist Bend forward so there's someone here to pick up your your brother yeah who would that be who would that be who can pick up your brother where do they live hm okay walk forward look at my windshield Mr Torio what do you have in your mouth what are you chewing on nothing just your teeth and your tongue step back for me one One Step look at my windshield wi in your stance turn wide in your stance perfect so Mr toras I'm speaking with you it's 2339 hours or 11:39 p.m. okay you're going to walk around the side of my car and have a seat have a seat for me all right Mr Toral listen to me I'm about to tell you something important you are under arrest for driving while under the influence of intoxicating alcohol and or drugs the New Mexico implied consent act requires you to submit to a breath test to determine the alcohol content of your blood after you take our 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 reasonable opportunity to arrange for a physician a licensed nurse or laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an 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 do you agree to take our test no yes or no no I cannot 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 also if you are convicted a court of driving while under the influence you may also receive a greater sentence because you refused to be tested do you understand yes sir okay your right to speak to an attorney or remain silent does not apply to the New Mexico requirement that you submit to a breath test do you now agree to be tested no I take your actions I consider your actions a refusal to be tested sir okay sir 545 C after refusing all testing tenorio was booked into the Metropolitan Detention Center and charged with aggravated DWI speeding failing to maintain traffic lane resisting evading or obstructing an officer driving while license is revoked abuse of a child and open container alcohol