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Edit Transcript - Bodycam DUI Arrest - 20-Year-Old College Student Admits to Drinking 4 Beers in 20 Minutes
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Bodycam DUI Arrest - 20-Year-Old College Student Admits to Drinking 4 Beers in 20 Minutes
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hello my name is Officer Westman stop is being recorded the reason you're being stopped today is you're driving without any headlights on oh okay yeah okay you want to pop them on just so we don't forget them a bit later perfect thank you is this your car yeah well it's actually my stepdad's car okay but you're custom driving it and stuff I like you all your stuff ready yep Carly how much have you had to drink tonight nothing nothing whatsoever no not a drop of alcohol how come I smelling it because it's definitely in the car okay yeah can I look your eyes real quick yeah okay you just swivel in your seat just so our chests are kind of facing toward each other can you see a tip my finger I want you to fall out with your eyes but don't move your head okay all right I'm not so sure you're being 100% honest with me Carly do you want to think about your answer before you tell me it again no no you're going to stick with nothing yeah all right would you be willing to do a preliminary breath test that's voluntary just to show you have no alcohol your system the breath fer yeah yeah just in my pocket don't you guys do that like at the police station we have two we have a preliminary one which we use out here in the field and then we have one at the station which is like the big scientific one they use in CT and stuff okay so the one that used right now is yeah you wouldn't even get out of the car what's that the one that you guys would use right now is not using no it's not used um it doesn't replace the evident breath test which is the one at the station that's the big scientific one everything have you had anything to eat or drink the last 15 minutes 15 minutes yeah okay have you ever done one of these before no you ever seen on cops or any of those shows no real simple all you do is you take a deep breath and you blow outwards through this straw for 5 seconds so just showing it starts at zeros take a really deep breath in and blow out hard off hold it Blow hard blow blow blow blow blow keep going keep going keep going keep going you're almost there Perfect all so he'll just show us a reading together sorry it just takes a little bit math and stuff so that tells me having drinking 170 okay so you've had a some to drink yeah okay can you come talk to me outside the car we'll just go talk on the sidewalk over here all right how old are you me yes ma'am 20 20 okay when you turn 21 June okay would you be willing to do some voluntary field sobriety test just helps me gauge kind of the impairment level you're at sure okay I don't know what does voluntary mean means you don't have to do them what does that mean if I like don't I don't really know this then I just have to make my decision whether or not that I think you're impaired to the level that's affecting your ability to drive just based on what I've seen so far okay um do you want to do them I don't really want to do them no okay you don't have to okay so the preliminary breath test that you provided is a170 what's the legal limit for DUI 08 all right it's 170 higher yeah yeah you you're twice the legal limit yeah all right so at this time you are under arrest for DUI we'll let you know that you're being audio and video recorded today is August 20 are we 26th we are 26 and it is 0055 hours okay let me lock these up so they don't get any tighter on you is there anyone sober in your vehicle that could drive um no I would just leave it here yeah what's that I would just leave the car here well you can't Park on this side of the road um no the two AR all right all right just walk back here to the rear of my patrol car okay if you face just the back door here perfect separate your feet wider than your shoulders okay do you have anything in your pockets I possibly yeah okay anything sharp that would poke me no no needles pocket knives pens okay is that a vape yeah okay is there any THC in it no not we okay I think the only thing that be my pocket is like my keys or my phone the sorry looks like your phone and your keys are still in the car yeah okay is there anything in your bra line no okay should have any cards or anything okay so why I do that I'm going use the back of my hand okay all right so we're just going to go across then down okay okay all right so I'm going to have you have a seat here nice okay watch your head as you're sitting down okay put your seat to Al on did you want um your cell phone from the car I don't know maybe do I do I want it yeah sure okay am I allowed to hop it I don't really know how this works yeah you can't have it with us during the process but you can have it afterwards so you can make your phone calls whoever you need to yeah sure I'll take it then all right so I just want to advise you of your rights real quick since you're under arrest you have the right to remain silent anything you say can use against you in the court of law you have the right at this time to talk to a lawyer have him present with you while you're being questioned if you can off for to hire a lawyer one be pointed or represent you before questioning if you wish you can decide at any time to exercise these rights not answer my questions or make any statements do you understand each of those rights I read to you okay um what should your cell phone look like um it's a case with like a bunch of like weird graphics on the back it'll be in the front console under the like where you do like the what color is it primarily there's a lot of colors white but you'll know which it's the one in the center console okay if we can't uh get someone or they're both drunk so or intoxicated I'll say um do you want an officer to park your car we could tow it no will an officer Mar it please yeah they can you give us permission yeah all right I'll grab your cell phone thank you how much how much alcohol have you had to drink tonight um no what what was the hesitation I'm just nervous I've never been before my enre okay so have you been drinking tonight okay are you sure have you consumed any drugs or narcotics no never okay um you have your ID on you um not on me personally so all so let me let me let me backtrack I'm getting ahead of myself she's being arrested okay okay her vehicle can't stay here okay um and she hasn't told me exactly what she wants to do with it yet okay she'll probably want it towed most likely if that's an option I mean it is it is an option if if that's what she wants um or is she able to leave it here overnight she can't park here okay yeah okay so I will go find out what she wants to do with it if she does want one of you to drive it would you be able to drive it I'm going to take that as a no cuz you're you're hesitating a little bit too much and it's making me really uncomfortable yeah um so who's in the back seat um this is our friend Savannah okay my uh oh you're very intoxicated my best friend her her drive okay I can call her and she can drive right now okay well I will check what she says first and then uh okay I'll be right back watch your head your stuff now okay if you just stand to the right please and right this way you just stand to the right and I'll grab the next door okay we're just going to walk up to that brown chair and fr okay we'll just stand right here so I left a few things in your pocket so I have to remove anything I left in there yeah sure okay and you can have a seat right there okay so for the next 15 minutes you can't put anything inside your mouth that's why the handcuffs are still on what that allows if there was any residual alcohol inside your mouth it give it time to evaporate do you have anything in your mouth no no can you open your mouth lift up your tongue thank you okay so warning you are under arrest for RCW 46 6152 RCW 46154 driving or being an astral physical control of a motor vehicle while under the influence of intoxicating liquor and or drugs further you're now being asked to submit to a test of your breath which consist of two separate samples of your breath taken independently to determine alcohol concentration one you are now advised that you have the right to refuse this test this test and if you refuse a your driver's license permit or privilege to drive will be revoked or denied by Department of Licensing for at least one year and B your refusal to submit to this test may be used in a criminal trial two you are further advised that if you submit to the breath test and the test is administered your driver's license permit or Pro that to drive will be suspended revoked or denied by the Department of Licensing for at least 90 days if you are a age 21 and Over the test indicates an alcohol concentration of your breath is 08 or more or you're in violation of RCW 46 6152 driving on the influence RCB 46 6154 physical control of a vehicle Under the Influence or B under the age of 21 and the test indicates alcohol concentration of your breath is 002 or more or you're in violation of RW 46 6152 driving Under the Influence or 46 6154 physical control of a vehicle Under the Influence what about the test that I just took so like I said out there that one is the preliminary one it doesn't replace what this one is called the evidentiary breath test okay um I have read or had read to me the above statement yeah okay if you refuse it's automatically here then I submit paperwork um to the Department of Licensing that you refuse the test and then it's up to them um will you now submit to a breath test yes or no yes okay let me punch some numbers in here is it dumb to send it to the breath test I can't answer that question I know that you know the answer though the courts are very specific on what I'm allowed to say and not say I know I know I'm sorry I feel like I'm supposed to refuse it but like you just said 3 months versus a year was just like a [Music] little okay so we got 11 more minutes on that so we're just going to move on to the next part the next part is is um a question and answer section some of these questions are going to sound silly or redundant I just have to read them how they're written have you had any cocaine no have you had any marijuana no any other drug no where do you work I don't work anywh here do you want put down student I'm assuming you're student yeah uh did you have class today yes this one says what time did you get off work so what was time like you're done with classes 8 to 12 yeah that's nice you have the whole afternoon I know it's so nice um let's see how many hours of sleep did you get last night definitely eight that's good yeah uh were you driving the vehicle yes anything mechanically wrong with the vehicle no have you been injured or involved in any collisions the last 24 hours no have you had any alcohol to drink since being stopped meaning me pulling you over no those don't apply then where were you going before you were stopped before I was stopped before I pulled you over I was trying to go home okay where's home for you uh Providence Court okay I'll just put heading home without looking what time do you think think it is 12:30 okay AM or PM what street were you driving on mono I turn left right yeah uh which direction are you traveling north south east west I'm not sure it's S A lot of people don't know say I don't really know where did you start driving from I started driving from I don't know the street but it's like right in front of ttin okay I'm not sure that street I can put down T Dan have you had their Brios before yeah delicious yeah so filling uh do you recall about what time you started driving 12 okay and what day of the week is it Friday okay what city slcounty are you in now pman women County good job a lot of people don't know that they know the city but down the county I go hiking a lot so I know all of the like yeah uh what's today's date 6 or no wait no wait 8 uh-huh 20 25 okay and what year 2023 okay have you been drinking alcoholic beverages yeah what have you been drinking um beer how much did you have four um and were they cans or glasses yeah four cans do you remember if they were the 12 oz or tall boys not the tall boys they were the regular probably like 12 O cans yeah when did you start drinking 11 20 it's very specific no because I remember yeah um who have you been drinking with just my friends or I was up look for accident uh where were you drinking a house on the same street as T's okay was it like a somebody's house or was it a frat house a frat house okay it was yeah sorry frat house um do you recall the last or sorry the time of your last drink I'm not 100% sure probably like 11:40 okay yeah do you believe your ability to drive was affected by your alcohol and or drug use no have you been arrested for do before no okay all right so it's got five minutes left on that um I'm just going to keep filling out some of this paperwork I'm not ignoring you if you have questions all just uh ask away and I will answer everything I can okay sorry I have to do all this I get paid to do this you're right a lot better to be in that seat than this one it is yeah doesn't mean we can't learn from our mistakes no I know it's just unfortunate what are you studing construction manag ooh that's fun yeah I know I was I was like wondering like what would I do if I didn't do this job I think that would be a really interesting job what made you go down that path well I was going to do architecture like I'm I'm not super like creative and stuff so like I just decided to switch but I love like construction all of the things that go into it it's so fun do you have any family in that type of business yeah my dad owns like a construction company so like kind of why I went into that makes sense yeah is he over his company over in the Kelo area yeah just got to punch in some information here how often does this happen um multiple times every single weekend is it like multiple a night or just multiple weekend what's that multiple like a night or just a weekend oh yeah it's it could be normal for us to find three to four night on the weekend nights yeah less Comon on weekend days okay so what this machine going to do is going to do all its internal checks for like the next two minutes and then when it's time to do a breath sample what I'm going to do is I'm going to take one of these breath nozzles and I'm going to stick it here into this tube so while it's in there I'm going to have you stand up take a really deep breath so you lungs can't hold any more air and you're going to blow steady through this kind of semi hard um not as hard as you can until all the air is gone if you just put your lips around this part don't try to stick the whole thing in your mouth it just doesn't work but if you just put it there and blow nice and steady it's G to take roughly about 10 seconds it'll be a little bar graph that shows me how much volume of air you're putting through the machine um once we do that once it'll think for about another 3 4 minutes we'll do a second time and then it'll print out a result Che okay all right looks like it's ready for your first sample if you'd stand up please all right take your deep breath in and blow out blow blow blow blow blow blow blow blow keep going keep going keep going keep going keep going keep going keep going keep going almost there keep going and stop Perfect all right you can have a seat do most people do the breath lizers or they refuse it um I would say the majority does I'd say like 70% they do it yeah depends on the person some people choose not to what does that mean if you choose not to so some people think that if you don't blow then you don't get arrested or something isn't true when you're already here in hand yeah you're already arrested um so yeah it's just up to the person and different states are different so Washington's kind of rules are different than some states where you don't have a choice yeah um Washington does give people a choice but there's you know different outcomes for doing it or not doing it just kind of depends a lot of times um if they refuse to do this um then we apply for a blood warrant and if a judge signs off then we take their blood and test it thatway like in the moment like like yeah you would sit in a Cell for a while and then I would have to go write a search warrant and then I'd have the fire department come and take your blood and then I have send it off to the state toxicology shows like the alol cont and everything yeah y this is just a much nicer less invasive way to get stabbed with needles yeah yep yep Ready for the last one your first sample was perfect so just try to mimic that take your de deep breath in and blow out keep going keep keep going keep going keep going keep going you're about halfway there keep going keep going keep going keep going give it everything you got keep going and stop Perfect all right I'm going to come around I'm going to take your handcuffs [Applause] off go all right so that's just doing its final checks and stuff if you want to start taking off your jewelry you'll take off your watch too and we'll get it all documented so we had a watch necklace watch necklace and earrings no belt all right when you have a chance just review that I did you have anything behind I know a lot of people put stuff behind their phone cases no no okay um just make sure I documented everything correctly and if so then I need a signature here that's not all I sign or I do the rest too nope we'll fill that out once you leave so I fill out that section and then you fill it out uh once you get all your stuff back and what's this process like like how long am I here how long do I so you can be held here up to 6 hours it's not what I'm going for um it's a busy Friday night and so uh once things calm down usually about 3: 4: 5 in the morning I finally have time to do your fingerprints your photographs and get you out here okay um the only thing that would change is if for some reason you had a prior DUI is yours DUI y okay we're all set there you good okay um see it's not the only one um not that that's a good thing this is still so unfortunate um yeah we'll do fingerprints your photographs and then you'll be good to go you'll only thing that would prevent you from leaving here is if you had a prior DUI the law says if you had a prior DUI in last 10 years then I'd have to take you to jail so as long as you don't have that you'll be good and how do I get home I walk home walk home call a friend call a taxi okay that's nice no one's going to answer they're sure walking down thankfully everything is relatively close in Pullman true and do I have to like can I go to do yeah so um the cells you will have will have sinks and toilets and everything it's not the nicest thing in the world but you'll be by yourself okay so this is the breath test your breath is tested twice by two different methods on your two different samples so your first one is infrared tested at a170 this is here it just happens to match that was the same number EC is electrochemical tested at .82 your second sample was at a175 at a87 because these numbers are fairly close that means you're leveling Out means you're not getting in more intoxicated and then you should be starting to come back down so this is your copy my copy um we go all over all of this later the only other thing I have at this moment for you is because you provided a breath sample you're afforded the right to have a hearing about the potential upcoming suspension of your dryer lies this is not a criminal trial there's nothing um this is just simply for your driver's license so it's done over the phone um you say your side of things and then you have the opport to get it less than 3 months or no suspension or whatever if you would like that opportunity all you need to do is later when you get home is you have to mail in a check of $375 to this address the big important thing that people forget is you only have seven days to do this if you go past the seven days they just assume you don't want this here okay so that will be with your property all right um I will grab you a blanket and then I'm just going to have you hang out in a cell like I said I hope go bathroom first or yeah it's in there yep for you oh and I'm sorry I forgot to tell you you'll take your shoes off this call that I get is like in the morning or like whenever you guys mhm yep that's why I make sure you have your phone so you can make any calls you need and you just put them on the counter I'll put them with the rest of your St let's see thank you very much yep want me to walk [Music] no w
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