Bodycam Analysis: DUI Traffic Stop — Field Sobriety Tests & Fractured Arm Concern | Legal Breakdown

Ajouté : 2026-05-23

[00:00:00]Sorry. It's just I I don't mean to laugh at this, but like I'm sorry. I'm sorry.

[00:00:06]I smoked before I went out, so it might >> On September 3rd, 2022, an officer initiated a traffic stop based on multiple observed indicators of impaired driving. UI arrest is analyzed under fourth amendment precedent and Nacha testing standards.

[00:00:38]Hey, how you doing? B police department.

[00:00:41]Is everything okay?

[00:00:43]>> You're all over the road. You're you slammed the curb back there on Howard.

[00:00:48]Like you're speeding up, slowing down.

[00:00:50]Is everything okay?

[00:00:51]>> Is there anything wrong with the car?

[00:00:53]>> Um, I do have to get it washed. So, I do know that.

[00:00:57]>> Okay.

[00:00:58]>> I just haven't done that yet. But here's my registration.

[00:01:01]>> Do you have any kind of medical issues or anything like that?

[00:01:04]>> Um, just my arm is fractured, but that's not like anything medically like disabling me.

[00:01:08]>> Not like diabetes, like you know, high blood pressure.

[00:01:12]>> Oh, no.

[00:01:12]>> Vertigo, anything like that?

[00:01:14]>> No.

[00:01:15]>> Okay. So, can you hop out real quick for me?

[00:01:17]>> Yeah, of course.

[00:01:31]Sorry.

[00:01:36]>> If you want to throw the paperwork back in the car, I don't need it.

[00:01:43]Just step back this way. So, you said you guys were coming from where now?

[00:01:47]>> Downtown. anywhere in particular or >> um just a couple bars. We're visiting friends and stuff like um my friend's boyfriend, he just came in from Philadelphia.

[00:01:56]>> Okay.

[00:01:56]>> So then we like met up with them after like on our way home.

[00:02:00]>> Okay.

[00:02:00]>> But um she did have a shot there. I didn't I didn't drink at all.

[00:02:04]>> Okay. How much have you had to drink?

[00:02:06]>> Um I had one drink at 7:00 p.m.

[00:02:07]>> Okay.

[00:02:08]>> And then I haven't drink since.

[00:02:09]>> So you haven't had anything since 7:00 p.m.?

[00:02:12]>> No.

[00:02:12]>> Okay.

[00:02:13]>> No, cuz we went to happy hour or not happy hour. Um first Friday.

[00:02:16]>> Okay.

[00:02:17]>> Yeah. Would you mind if I checked your eyes as part of field sobriety to make sure that you're okay to be driving?

[00:02:21]>> Um, I've never done one of those. So, can I just get an explanation of what I >> Yeah. So, first there's Right now I'm I can smell some alcohol in your breath.

[00:02:27]You tell me that you drank at 7:00. That doesn't really compute with me.

[00:02:30]>> I did throw up. I like force myself to throw up because I ate gross pizza.

[00:02:34]>> Okay. When was that?

[00:02:36]>> Um, I ate the gross pizza at like 11:00 and then I threw up at like 12.

[00:02:39]>> Okay.

[00:02:40]>> But like I didn't throw up like willingly. I like forced myself to.

[00:02:43]>> Okay.

[00:02:43]>> So, I don't know if like maybe it was still in my system. Well, ba based on your driving and and as I'm speaking with you, the the kind of indications that I'm seeing, I'm I'm concerned for your level of sobriety. Um, I'd like to like you to do some field sobriety exercises to kind of give me a better perspective of whether you >> I've just never done that. So, if you could like explain none of it none of it's meant to confuse you or anything like that. I'm want to make sure that you understand everything.

[00:03:03]>> No, no, I don't I don't care to be confused. I'm literally a blonde. So, Okay.

[00:03:08]>> So, you are you all right with that?

[00:03:10]>> Yeah. No, I'm fine.

[00:03:12]>> Just hang tight right here. I'm going to turn these front lights off so they don't flush you. Okay.

[00:03:17]What was your name?

[00:03:18]>> Giana.

[00:03:18]>> Giana.

[00:03:19]>> Giana.

[00:03:20]>> Johnny, do you wear glasses or contacts?

[00:03:22]>> No. Okay.

[00:03:23]>> Just stand right here. My flashlight.

[00:03:25]>> I have like my blue light glasses.

[00:03:27]>> No, but you're not You don't wear You don't have contacts in right now.

[00:03:29]>> Like prescription, right?

[00:03:30]>> No.

[00:03:31]>> Okay. Go ahead and put your feet together for me. Hands on side.

[00:03:34]>> Does it matter that my feet go like in?

[00:03:36]>> No. Right now, I just want just want you to stand like that.

[00:03:39]>> All right.

[00:03:40]>> Can you see my light right here?

[00:03:41]>> Yeah.

[00:03:41]>> What color is it?

[00:03:42]>> Red.

[00:03:43]>> All right. What I'm going to do is I'm move this red light from side to side.

[00:03:45]Hold.

[00:03:46]>> Sorry. It's just I I don't mean to laugh at this, but like I'm sorry. I'm sorry.

[00:03:53]I smoked before I went out, so it might >> Okay.

[00:03:57]>> Can I do this away from that light?

[00:04:00]>> What do you mean?

[00:04:00]>> Cuz like whenever you move it over there, I always want to look at that light.

[00:04:04]>> Tell you what, does that make it a little bit easier?

[00:04:06]>> Mhm.

[00:04:06]>> I put my finger behind it.

[00:04:08]>> Can I turn this way?

[00:04:09]>> Tell you what, why don't you turn face this way?

[00:04:11]>> Yeah. Like Okay. Yeah. I just don't want to be in my eyes. I keep looking at that one. I'm like, "Oh, >> he says Janna."

[00:04:17]>> Yes.

[00:04:19]>> I'm seeing some things in your eyes that's giving me some concern as far as your level soiety. So, will you participate in the remaining field soy exercises? There's two more I'd like you to do.

[00:04:27]>> Yeah. Whatever I have to do.

[00:04:28]>> Okay. Tell you what, I'm going to have you just step right over here.

[00:04:31]>> Stand right there on that white line.

[00:04:32]I'm going to adjust my car and come right back to you.

[00:04:35]>> All right. Jonah, are you comfortable wearing these shoes?

[00:04:37]>> Um, yes. But I do have a question.

[00:04:39]>> Sure.

[00:04:40]>> So, I can't walk in a straight line.

[00:04:42]sober.

[00:04:42]>> Okay.

[00:04:43]>> Like cuz my feet point inward. So whenever I take a step, it's always out and then in.

[00:04:48]>> Okay.

[00:04:48]>> If that makes sense.

[00:04:50]>> Uh a little bit.

[00:04:51]>> So do you want me to take my Do me a favor. Just stand over by the tree for me. Okay.

[00:04:56]>> You know how people have like duck feet?

[00:04:58]>> Sure.

[00:04:58]>> I don't have that. Like I I like physically like it feels weird to do that.

[00:05:03]>> So like I know how like people like walk like I don't really know how to do that.

[00:05:07]But I walk inward.

[00:05:09]>> Like my feet just naturally go inward.

[00:05:10]Okay.

[00:05:11]>> So, like whenever I take a step, it's like one and then one.

[00:05:14]>> Okay.

[00:05:14]>> But like it's it's never like toe to heel, if that makes sense. Like I physically like that feels weird to me.

[00:05:22]Like >> are you diagnosed with any kind of medical issue with that?

[00:05:26]>> Um I've never like asked a doctor to I haven't been to a doctor like since before college. Okay. Like since like um freshman year of college, like before I started college, I had like my college what's it called? Physical.

[00:05:38]>> Sure. Um, and then ever since then when I haven't been to a doctor cuz I like haven't needed to like for like any physical or anything. Like I never mention anything. They just always knew.

[00:05:48]It was always the same doctor.

[00:05:49]>> Okay. Uh, I mean I'll keep that in mind.

[00:05:52]Um, you know, I I take that.

[00:05:54]>> I just know that like if I needed to do something different.

[00:05:57]>> So there there's two there's two more standardized exercises.

[00:06:00]>> Okay.

[00:06:01]>> I will say you know touching walking heel to toe in a line are two of the things. I will keep that in mind. But those aren't the only two things that I'm looking for.

[00:06:07]>> Okay. So that doesn't matter, right?

[00:06:09]Like I don't Do you want me to take my shoes off?

[00:06:11]>> I want you to do it however you feel like you want to be the most comfortable.

[00:06:13]>> I love these boots, so I'd rather keep them on. But I just don't want that to be like, "Oh my god, she's like walking like this."

[00:06:20]>> No, keep them on. That's fine.

[00:06:21]>> All right. Tell you what. Do you see the uh you actually see you see like the black strip between the white and the blue? Hear what you said.

[00:06:27]>> Um like do you care if I take like a little space in between? Because it kind of like squishes my thighs and doesn't feel comfortable. Well, I mean I everybody sty kind of squish squish a little bit. Okay. I'm not asking you to to walk China like that.

[00:06:41]>> This just feels like I'm like clenching and I just don't >> Okay, >> I'll do it. I'll do it. I promise I'll do it. But I just wanted her to ask because it just kind of feel uncomfortable.

[00:06:52]>> So, um again, you're going to take nine heel to toe.

[00:06:54]>> Do you understand?

[00:06:55]>> Yep.

[00:06:55]>> Okay.

[00:06:56]>> So, Nope. Go ahead and push your right foot back touching heel to toe. Oh, hang on. Hang on.

[00:07:00]>> Sorry.

[00:07:01]>> All right. And then you can go ahead and begin.

[00:07:03]So, one, right?

[00:07:05]>> That's one.

[00:07:06]>> Just like I showed you, just like I explained it to you.

[00:07:08]>> But that would be one, right?

[00:07:09]>> Correct.

[00:07:11]>> Two.

[00:07:13]>> Three. Four. Gosh. Six.

[00:07:18]>> Seven.

[00:07:22]>> And then you said back heel first, >> just like I showed you. Just like I explained it to you.

[00:07:28]>> Two. Three. Four. There we go. Does it have to It doesn't have to be nine, right? For that, >> just like I showed you. Just like I explained it to you.

[00:07:36]>> One time, >> two.

[00:07:50]>> That's okay. You can relax. Okay.

[00:07:52]>> So, just stand right there on my flashlight. There you go. Turn. Face towards the front of my car. There you go. Feet together. Hands down by your side.

[00:08:01]No. Down by your side. When I tell you to begin, what what I want you to do, for whatever reason, you put your foot down.

[00:08:05]>> Starting at 1,00 >> right? So, 1000 1,00200 3 so forth so on. Okay. If you put your foot down, pick it right back up and continue where you left off.

[00:08:14]>> Okay.

[00:08:14]>> Any questions? Do you understand?

[00:08:16]>> Yeah.

[00:08:18]>> All right. You can go ahead and begin.

[00:08:20]>> 100,00 1,002 100 34 >> Why don't you look at your toe while you're counting?

[00:08:26]>> What?

[00:08:26]>> Look down at your toe while you're counting.

[00:08:27]>> 1006. Wait. Do I restart? I want you to keep going.

[00:08:31]>> Okay. 177 1008 1009 12.

[00:08:38]>> You can relax. Okay. Feet together.

[00:08:39]Hands on by side. All right. What I want you to do now is just go ahead and put your train on your back for me.

[00:08:44]>> So, what's going on right now is you're getting placed under arrest for driving under the influence.

[00:08:47]>> Under Terry v. Ohio 1968. Weaving a curb strike and erratic speed each independently satisfy reasonable suspicion. Pennsylvania v. Mims 1977.

[00:09:00]The stop alone authorized exit order. No additional justification is required.

[00:09:05]The subject voluntarily disclosed marijuana use and a prior drink, both admissible, unsuppressible, and directly building probable cause without any legal compulsion. The fifth amendment protects silence. It does not require speech. Every voluntary admission during a stop ISIS statement, the defense cannot suppress. HGN 88% accuracy, walk and turn 79%, one leg stand 83%, all three are NSA validated. Courts broadly admit results when proper protocol is followed. Probable cause for DUI arrest rests on the totality. Driving conduct, FST clues, admissions, and sensory observations combined. No single factor is dispositive. Birfield v. North Dakota 2016. Breath tests incidental a lawful DUI arrest require no warrant. Refusal triggers administrative suspension under implied consent law. Graham v Connor 1989. All restraint force must be objectively reasonable. A disclosed pre-existing injury is a relevant factor. Ignoring it creates section 1983 exposure. Case outcome unknown. Analysis rests on footage and controlling precedent alone. Okay.

[00:10:21]>> When we get down to booking, I'm going to ask that you submit to a breast sample that's going to measure the amount of alcohol that you have in your system. All right? If you don't, there's some penalties that will go along with that. Namely, your license will be suspended for a period of one year for a first refusal or 18 months if your license has been previously suspended for a prior refusal. Okay.

[00:10:38]>> But why am I?

[00:10:39]>> Based on the totality of the circumstances, I believe that your normal faculties are impaired.

[00:10:44]Okay. So, hop up this way. Do you have anything in the car that you want to take with you like a wallet or a cell phone or anything like that?

[00:10:49]>> Yeah. Can I take my phone and my >> We'll grab it.

[00:10:52]>> Call your mom. I'm calling your mom.

[00:10:53]>> So, will you provide a breath sample when we get down to booking?

[00:10:56]>> Do I have to?

[00:10:57]>> Well, if you don't, like I said, your license is going to get suspended for a period of 1 year for refusal. If you do, >> if you do, if if you blow above a 08, it'll be a 6 month suspension. If you blow below a 08, it's a it's not a suspension.

[00:11:09]>> Okay. But like >> regarding being arrested, >> so you're under arrest period. So, that's that whether or not you blow it doesn't have any effect. the reasoning on that >> based on the totality of the circumstances you're driving.

[00:11:22]>> I don't know what totality >> it >> means the whole picture. Okay. So, you're driving in my contact with you and the the uh field scoring exercises.

[00:11:30]>> Can you tell me what I did wrong?

[00:11:32]>> So, here tell you what. You're just going to grab a seat in here for me.

[00:11:34]>> Okay.

[00:11:40]All right. Just grab a seat for me.

[00:11:45]Help!

[00:12:12]Help!

[00:12:14]Help! Wait, >> it hurts my arm.

[00:12:21]>> My left arm is fractured. It hurts so bad.

[00:12:27]>> Here, hop out real quick.

[00:12:31]>> It hurts so bad.

[00:12:37]>> Listen, it's got to be on, but I can put two sets of C.

[00:12:39]>> I know. I know. But >> where where's your arm broken at? It's fractured in my in my forearm. It hurts so bad.

[00:12:48]>> Is it Is it too far behind your back or is it the actual handcuff on your wrist?

[00:12:53]>> It hurts so bad.

[00:12:55]>> Here's what I can do. I put a second set of cuffs on you.

[00:12:58]>> No, no, no. Take this one off. Take that one off. It's got to stay.

[00:13:00]>> No. No. You make it loose. It hurts so bad.

[00:13:04]>> It hurts so bad.

[00:13:05]>> Stop spinning.

[00:13:08]>> It hurts so bad.

[00:13:09]>> Okay, stop spinning.

[00:13:10]>> The officer receives a B+. Stop. Legally grounded. All three SFSTs administered in sequence with complete implied consent advisement. Fractured arm accommodation. Correct. Grade falls short of a specific FST clue counts wear out stated on camera before arrest. A documentation gap that weakens the evidentiary record on appeal. The subject receives a C plus. Physical compliance was sound. Non-resistance is always the correct legal choice.

[00:13:40]However, voluntary admissions materially damaged her defense. Field sobriety tests are not legally mandatory in most jurisdictions. Participating creates a scored record. Declining carries no criminal penalty, a right not invoked here. Lesson one, never volunteer substance use during a stop. Voluntary admissions are admissible, unsuppressible, and build probable cause directly. Lesson two, no FST rights before the encounter. Declining is legal. Participating creates evidence.

[00:14:13]The decision must be informed, not reactive. Lesson three, officers must state FST clue counts on camera before announcing arrest. Undocumented findings findings easily challenged in court.

[00:14:27]Lesson four, disclosed injuries must be accommodated. Failure to do so converts a lawful arrest into potential civil rights liability under section 1983. Let us know if there is an interaction or legal topics you would like discussed in the comments below.