Driver Said 'Nothing to Drink' — Then Blew FOUR Times the Legal Limit | Ohio OVI

Added: 2026-05-11

[00:00:00]This Westerville, Ohio body cam presents a clean teaching case on the constitutional architecture of an Ohio impaired driving investigation. The threshold question is the seizure itself. Under Warren versus United States, a traffic stop is constitutional whenever an officer possesses probable cause of any traffic violation, regardless of subjective motivation.

[00:00:22]Here, two independent statutory bases existed improper high-beam use under Ohio Revised Code section 451315 and a mark lanes violation under section 451133. [music] Either standing alone satisfies the fourth amendment. The deputy's articulation of both at first contact is best practice [music] for suppression proofing.

[00:01:07]How's it going? Deputy Derpl Sheriff's Office. Stop for two reasons. Uh, what's up with the driving with the high beams on?

[00:01:14]>> Oh, I didn't realize. Oh, yeah. I didn't realize those were on.

[00:01:17]>> Okay. And then you're >> This is my mom's car. So >> I got you. And then you're having trouble turning. Then you're Mark Lane's violation. Any reason for that as well?

[00:01:24]>> See? Yeah. I tried to turn on McDonald's, but they were closed. So >> No, I understand that. But any any other reason for you driving all over like a Mark Lane violation, stuff like that, and then you're just sitting in the McDonald's drive-thru for however long.

[00:01:40]>> No. See, I didn't realize that they were closed, so I quite Yeah. I was trying to figure out what he wanted to eat. So >> Okay. Can you guys ride your registration for me as well?

[00:01:49]>> Uh yeah, I can try and find it. Like I said, my my truck has been tired, so I'm not sure what's what. This is my own car, so >> not sure what's what.

[00:02:01]>> Yeah, that's my own car, so >> Yeah, I'm sorry.

[00:02:10]Um, so we just need the registration.

[00:02:13]>> Yes.

[00:02:14]>> Mhm.

[00:02:16]Um, sorry. Yeah, I had this for a couple days. So, >> where are you coming from?

[00:02:22]>> Uh, just I live here in Westeros.

[00:02:24]>> So, where are you coming from?

[00:02:26]>> Uh, Madison Avenue.

[00:02:29]>> Um, we were just trying to get some food, but McDonald's was closed, so >> Okay.

[00:02:36]>> Um, I'm not sure.

[00:02:44]Sorry, it's my mom's car.

[00:02:51]Um, is there like registration or something?

[00:02:56]>> Insurance.

[00:02:57]>> Here's like Oh, >> there's motor motor vehicle certification title. That might be >> Yeah, sorry. It's my mom's car, so I'm not sure what's what.

[00:03:07]>> Um, where's the title? But >> I don't need that.

[00:03:12]You don't know where the registration is? Uh, yeah. I'm not sure, honestly. I know it's like red shirt, honestly.

[00:03:17]>> I got you. Hey, sir. Do you have your driver's license on you?

[00:03:20]>> Yes, I do.

[00:03:21]>> Okay.

[00:03:23]>> I don't know.

[00:03:26]She has my truck cuz it's getting new tires on it, but >> Okay.

[00:03:30]>> Sorry. I'm not sure what's what. Thank you.

[00:03:35]>> Now, this is the current address for both of you guys.

[00:03:37]>> Yes.

[00:03:39]>> Yeah.

[00:03:39]>> Okay. Give me a second. Be right back with you. All right. All right.

[00:03:44]How's it going?

[00:03:46]>> Not too bad.

[00:03:55]>> Okay.

[00:04:01]>> You guys busy?

[00:04:02]>> I had them at 86.

[00:04:03]>> Not too bad. I don't I can't So I can't smell any alcohol on her, but she's kind of like sluring her worse. I don't know if she's just like that, >> but I can't smell any alcohol on her at all. Period. So, >> what she up for?

[00:04:17]>> Uh, driving with her high beams on and then mark Lane violation. So, >> she's sluring mark high beams.

[00:04:28]>> She fumbled her license or >> No, she actually had she actually just gave that right to me. Um, and then she was like fumbling around for the uh registration, >> but she said it's not her vehicle, it's her mom's vehicle. So, >> I'd get that. I don't You do what you want, but I'd get that. Sometimes the w the way the wind blows and stuff, you're you're not going to >> you're not always going to smell it right up there. Even if it's up there, you know what I mean?

[00:04:51]>> And then sometimes you get them out, we make like try and stand down wind of them, you'll definitely get it. But >> yeah, I'll see if you don't feel like you got enough and you don't have enough. No, I can just ask her if she I mean, >> did she ask her if she had any?

[00:05:05]>> No, I'll ask her once, but you know what's up with the slur words? Anything like that?

[00:05:11]>> Say where she's coming from.

[00:05:12]>> Said she's coming from her house, which is on Madison Avenue. Said she was trying to get some food from uh McDonald's, but they were closed. So then she pulled into McDonald's. She missed the >> She had trouble pulling into the McDonald's.

[00:05:30]Then she sat then then she sat at the uh like the drive-thru and the guy's like, "We're closed. We're closed."

[00:05:39]>> And then she went pulled in through there and pulled back around and then >> Yeah. So always sometimes sometimes there people are just bad drivers, too.

[00:05:49]>> Oh yeah, for sure.

[00:05:51]>> You got time?

[00:05:52]>> Huh?

[00:05:53]>> I said you got time of night.

[00:05:55]>> Okay. She's traveling in a locally known area service establishment slur birds.

[00:06:00]>> You have a moving violate marks violation. You have high beams which >> Yep.

[00:06:06]>> could definitely be an indicator.

[00:06:07]>> Indicator. So yeah, I'll see if she'll I'll pull her out quick. And I I mean >> that's the only thing that I just can't I can't smell anything on her >> right now at least. So >> all righty, Haley.

[00:06:31]>> You mind stepping out for me real quick?

[00:06:32]>> Yeah.

[00:06:33]>> Okay.

[00:06:39]>> Sorry. I'm still my work clothes. So >> you're fine. Just come to the back of the car for real quick.

[00:06:43]>> Yeah.

[00:06:45]>> So just right here for me real quick. Do you have anything to drink tonight?

[00:06:48]>> No.

[00:06:48]>> At all?

[00:06:49]>> No.

[00:06:49]>> Okay. So, you're you're slurring your speech. Um your your driving habits for me real quick.

[00:06:55]>> Oh, yeah.

[00:06:56]>> And your your driving habits are are kind of a little a little telling that you might have had some some drinks tonight.

[00:07:04]>> Yeah. Because three restaurants were closed and >> Cuz what was closed?

[00:07:08]>> Three restaurants were closed and I had to leave.

[00:07:11]>> Okay. But you you are also slurring your words right now, too. So, >> yeah. Okay. So, what do you want me to do?

[00:07:16]>> Okay. So, you mind if I run you through some field sobriety tests real quick?

[00:07:20]>> Sure. Yeah.

[00:07:22]>> Sure. You you you you're willing to do that?

[00:07:24]>> Yes. Yeah. Okay. Yes.

[00:07:25]>> All righty. Hang on tight for a second.

[00:07:39]469500 I'll be conducting SFS.

[00:08:00]>> Okay. So, do you have you have no ailments, injuries, nothing like that at all?

[00:08:04]>> No.

[00:08:04]>> Okay.

[00:08:06]>> And you said you have had nothing to drink at all tonight?

[00:08:09]>> No, I just worked 13 hours. So, >> so you just >> I just try and get some food. Yeah.

[00:08:12]>> Worked what?

[00:08:13]>> 13 hours.

[00:08:14]>> Okay. Where do you work at?

[00:08:17]>> Okay.

[00:08:19]>> Healthare.

[00:08:20]>> Healthcare. And you said you just got off.

[00:08:22]>> I got off about an hour ago and I just picked up my boyfriend and I was trying to get some food, but there were three places that were closed. McDonald's and I think there were like two other places.

[00:08:34]>> What was the two other places that you went to?

[00:08:37]>> Um, so I think we tried to get to Chinese. That was closed. Okay. went to McDonald's that was closed and um back >> I forget where else we tried to go but they were closed.

[00:08:49]>> He said they're all closed.

[00:08:50]>> Yeah.

[00:08:51]>> Okay.

[00:08:51]>> Surprisingly cuz it's not even that way but >> Okay.

[00:08:56]>> Okay.

[00:08:56]>> All righty.

[00:08:59]So you said no no no injuries, ailments, nothing like that?

[00:09:02]>> No. At all?

[00:09:03]>> No.

[00:09:04]>> Okay. So no no problem with you following the tip of my finger.

[00:09:08]>> No.

[00:09:08]>> Okay. All right. All right. If you stand right here for me.

[00:09:11]>> Right here.

[00:09:12]>> Yep. Face me. Just put your uh feet together.

[00:09:15]>> Okay.

[00:09:16]>> Hands to your side. Okay. I'm going to have you follow the tip of my finger with my your eyes and your eyes only.

[00:09:21]You understand that?

[00:09:23]>> Don't move my head.

[00:09:24]>> That's correct.

[00:09:24]>> Just the eyes. Okay.

[00:09:26]>> So, no injuries or nothing like that.

[00:09:27]Correct.

[00:09:27]>> Right. Yeah.

[00:09:28]>> Okay.

[00:09:41]Okay. So, >> you going to be honest with me cuz you're not you're not you're you're not even looking at my finger.

[00:09:49]>> I actually was.

[00:09:50]>> You were staring off over there when my finger was right there. So, >> that's a lot of second, but yeah.

[00:09:55]>> Okay. So, how much have you had to drink?

[00:09:58]>> Nothing.

[00:09:58]>> Okay. Can you try that again?

[00:10:00]>> I'm just very tired. Yeah.

[00:10:05]Are you watching >> again? Tip my finger with your eyes and your eyes. We understand that.

[00:10:13]>> Mhm.

[00:10:13]>> Okay.

[00:10:24]>> Okay. So, you're not you're you're not even staring at it again. You're staring off into the distance. All right. Just I was watching it, but >> So, how much you had to drink tonight?

[00:10:38]>> Nothing. I'm good. I'm just tired.

[00:10:44]>> Again, follow the tip of my finger with your eyes and your eyes only. And stay on it. Okay. You understand that?

[00:10:52]>> Yes. Okay. Yes. Yes.

[00:11:09]Okay.

[00:11:11]Now, I'm going to have you do another test. All right. This is going to be called the walking turn. So, put your feet together, hands to your side. Okay.

[00:11:20]So, what I'm going to have you do is I'm going to have you Well, actually, feet together. Put one put your left foot in front of the other.

[00:11:28]>> Do you care if I fix my cross real quick?

[00:11:30]>> No, it's fine.

[00:11:38]>> This thing sucks. So, >> what?

[00:11:41]>> These things suck.

[00:11:42]>> Okay, so put your put your left foot forward.

[00:11:45]>> Okay.

[00:11:46]>> Behind your So, like this.

[00:11:49]>> Yeah. touching.

[00:11:53]>> Okay. Stand to your side and then stay like that. I'll give you the instructions. Okay. Okay.

[00:11:57]>> So, we'll go from there. No bracing on my cruiser or anything like that. All right.

[00:12:05]>> So, that's what >> that's that's great.

[00:12:11]>> Can you have them touching for me?

[00:12:18]Okay. Keep your hands down there. Don't.

[00:12:22]Okay. So, what I'm going to have you do is you can have your left foot forward.

[00:12:28]Bring your foot behind that. You like this. I'm going to I'm going to tell you to take nine small steps, continuous steps. You're going to count to nine.

[00:12:38]And then you're take a series of small steps, turn around, and then come back with nine. You understand that?

[00:12:45]>> Yeah.

[00:12:45]>> I'm going to show you how that looks real quick. Okay. So nine forward and nine back.

[00:12:50]>> That's correct.

[00:12:51]>> Okay.

[00:12:52]>> You understand that? Yeah.

[00:12:53]>> It's going to look something like this.

[00:12:54]So one, two, three. Again. I took three.

[00:13:00]You're going to take nine. Then you're going to take a series of small steps leaving your lead foot planted.

[00:13:06]And then you're going to go back. You're gonna go back nine. I'm gonna go back three. Do you understand that?

[00:13:11]>> Yeah.

[00:13:11]>> Okay. So it's gonna be like this again.

[00:13:13]One, two, three. I took three. You're going to take nine. You understand that?

[00:13:19]>> Yep.

[00:13:20]>> Okay. Also, um, no ailments or anything like that.

[00:13:25]No ankle injuries or nothing like that.

[00:13:27]That would >> uh, no, just Yeah, that's pretty much it except some medication that I'm on, but >> Okay. All righty. So, and again, heel to toe, count it out, and once you get to the end of your nine, you're going to take a series of small steps, go back from there. Do you understand that?

[00:13:48]>> Yeah. So, my right foot, you want me to start from one once I go forward?

[00:13:52]>> Yep. You may start.

[00:14:06]>> Hang on a second. You can come back here. You can come back here.

[00:14:08]>> Okay. Sorry.

[00:14:10]>> No, you're fine. You can start right here and you can you can walk this so you're not running into your car.

[00:14:14]>> Yeah. Okay.

[00:14:18]>> Yep. Go ahead.

[00:14:44]Okay. Did you remember what I told you when I told you to count those steps out loud?

[00:14:48]>> Oh, >> you stand right there for me.

[00:14:49]>> Yeah.

[00:14:50]>> Do you remember that part?

[00:14:51]>> No.

[00:14:51]>> Do you also remember that part where I told you to go nine heel to toe steps?

[00:14:55]Do >> you understand? I remember nine, but I didn't. No, you >> when I say heel to toe. So when I say heel toe out loud, though.

[00:15:01]>> Yeah.

[00:15:01]>> And I thought I did, but yeah.

[00:15:03]Okay. All righty. So, the last test, same thing. You you don't have no no injuries or nothing like that that would prevent you from from doing any of this.

[00:15:14]>> No.

[00:15:14]>> So, what I'm going to have you do the last step is the uh the one leg stand.

[00:15:18]Okay. So, if you can just put your uh feet together, hands down to your side, and you can step off the bumper for me.

[00:15:24]>> Okay.

[00:15:24]>> Okay.

[00:15:25]>> Nope. Just like that. Okay. So, what I'm going to have you do is again the one leg stand. So, you're going to have your your hands to your side. Okay. And then the the the leg of your choosing, whichever one you feel more comfortable with.

[00:15:36]>> Okay?

[00:15:36]>> You can raise it approximately 6 in off the ground, keeping keeping it parallel with the ground. Do you understand that?

[00:15:42]>> Yeah.

[00:15:43]>> So it looks something like this. And then you count 10,000 1,002,000 3,0004 so on and so forth till I tell you to stop. Do you understand that?

[00:15:51]>> Yeah.

[00:15:51]>> You do. Okay.

[00:15:54]>> You said 6 in >> 6 in off the ground. Keeping your foot parallel to the ground. You're also going to be looking at your foot, counting out loud. Okay.

[00:16:02]>> Okay.

[00:16:02]>> Do you understand that?

[00:16:03]>> Yes.

[00:16:03]>> So again, it's going to look something like this. So 10,000 1,002,000 3,0004, 10005 so on and so forth until I tell you to stop. Do you understand that?

[00:16:13]>> Yes.

[00:16:13]>> So you're counting going to be looking at your toe and keeping it six 6 in off the ground parallel. Okay.

[00:16:19]>> Okay.

[00:16:22]>> Okay. So again, hands to your side.

[00:16:24]Don't pull them out. Don't use those for balance or anything like that. Right.

[00:16:27]And you may start 100,00 1,00200 10003 1004 1005 1006 1007 1008 100901 2012 12,34.

[00:17:03]>> So, every time you stop, you have to restart counting. But >> okay, so you want to be honest with me again on how much you you've had to drink because of all the all the tests I just ran you through.

[00:17:14]>> Thing I just started taking my medications again.

[00:17:16]>> Should you be driving?

[00:17:19]>> Probably not. No, >> you should probably not be driving on.

[00:17:22]Correct.

[00:17:24]>> Okay. So you you you haven't had anything to drink. So if I take you down, get to get a breath sample, you won't have >> No, no, I won't.

[00:17:31]>> Okay.

[00:17:32]>> It's my medication.

[00:17:33]>> Okay.

[00:17:35]>> No, I was just trying to hit McDonald's real quick, but >> Okay.

[00:17:39]>> I work 13 hours every day.

[00:17:40]>> I got you. You just mind having a seat right there.

[00:17:44]>> The next constitutional inflection point is [music] extension of the stop. Under Rodriguez versus United States, an officer may not prolong a traffic stop beyond its original mission [music] absent independent reasonable suspicion.

[00:17:58]The deputy developed that suspicion through cumulative [music] indicators, slurred speech, prolonged confusion at a closed drive-thru, [music] and inability to produce registration despite repeated requests. This is a textbook [music] totality of circumstances analysis under Illinois versus Wllo supporting lawful escalation into a driving under the influence inquiry. Removal of the driver from the vehicle requires no separate justification under Pennsylvania versus Mims, a categorical rule extended to passengers in Maryland versus Wilson.

[00:18:30]Roadside questioning at this stage is non-custodial under Burkmer versus Mccardi, meaning Miranda warnings are not yet required, even though the encounter has clearly intensified. The standardized field sobriety tests trigger a separate body of doctrine under Pennsylvania versus Mun's performance on physical coordination tests is non-estimonial and not protected by the fifth amendment. In Ohio, specifically state versus homeman once required strict compliance with NHTSA protocols, but the legislature responded by codifying a substantial compliance standard. That standard now lives in Ohio Revised Code section 4511 19 subsection D paragraph 4B. The deputy's administration here clearly satisfies it. A critical doctrinal point. The deputy candidly reports that he detects no odor of alcohol. Under Ohio law, that absence is not exculpatory. Section 4511 19 subsection of paragraph 1A criminalizes operation under the influence of alcohol, a drug of abuse, or any combination thereof.

[00:19:34]Lawfully prescribed medication producing appreciable impairment falls squarely within the statute. The label on the bottle is legally irrelevant. The portable breath test occupies a unique procedural space. In Ohio, a portable breath test result is not admissible at trial as substantive proof of a specific blood alcohol concentration. It functions only as a probable cause supplement. Refusal of the portable breath test by itself carries no administrative consequence. The post-arrest evidentiary breath test is governed by an entirely different framework, Ohio's implied consent statute at section 4511 191. By accepting an Ohio operator's license, every driver consents in advance to chemical testing upon lawful arrest.

[00:20:18]Refusal triggers administrative license suspension. That suspension escalates with prior refusals one year for a first two years for one prior 3 years for two priors and 5 years for three or more.

[00:20:32]This is the precise content of the BMV form 2255 advisement read verbatim on camera before the breath sample was taken.

[00:20:44]>> She pulled it wide and back and then she had for like I don't know 30 seconds.

[00:20:54]It's closed. It's closed.

[00:20:57]the other guy.

[00:21:00]>> So, what do you have for her eyes?

[00:21:02]>> Her eyes. She wasn't even tracking. She was like following it. And then she was like looking out like, "So, it could be medication." I didn't smile on her. And I told the trooper the same thing. So, I'm thinking it if cuz they do they >> Oh, do they? Yeah. I guess super bring it down.

[00:21:30]>> Yeah, >> it just zero.

[00:21:32]>> 469 500.

[00:21:36]Go >> ahead.

[00:21:39]>> Can you see if Wister has any TV available?

[00:21:50]>> No, she says uh Madison Avenue.

[00:21:56]I'm going to try and get some food.

[00:21:58]Nothing to drink. H. That's what she said. I'm going to go talk to that guy real quick.

[00:22:06]>> Please. I just got off work.

[00:22:14]>> How's it going, boss?

[00:22:15]>> No, it's going good. How about you?

[00:22:17]>> Yeah, not much. Quick question. So, have you been with us the whole time?

[00:22:20]>> Yeah.

[00:22:20]>> Okay. You guys have nothing to [ __ ] up and drink or anything like that?

[00:22:24]>> You just been sitting there chilling? I mean, I have.

[00:22:26]>> Right. But she had anything to drink or anything like that?

[00:22:29]>> No. Since I've been there, no.

[00:22:31]>> Okay. Think it's like the cuz some of the signs are telling um just I don't know if it's cuz like I said, it's it's telling that she is. So that's why we're trying to get the thing. But if if it's the medication, I mean that's why they don't they >> I'm telling you like she literally has not had anything since I've been there.

[00:22:50]It's literally been me.

[00:22:51]>> Okay. Well, that's just what I'm saying is like right now the signs are saying that >> the medication could possibly be the reason. I don't know cuz she's >> since I've been there with her, she hasn't had anything.

[00:23:01]>> Okay. All righty. Thanks, sir. I >> So, if we can get a portable breath test here, are you willing to do that?

[00:23:10]>> Um, maybe. What is that? It's just a portable breathalyzer machine. It's just a way. You said you have nothing to drink. You said you might be on vacation. I could be showing signs.

[00:23:23]>> It's voluntary if you want to take.

[00:23:25]>> I'm fine. But >> would you be willing to?

[00:23:28]>> No, I don't think so.

[00:23:29]>> PBT. You don't want to?

[00:23:30]>> Honestly, no. Cuz I I pulled out of two different restaurants. That's what the problem is.

[00:23:37]Or what?

[00:23:38]>> I'm not the one.

[00:23:42]That's I know. fire.

[00:23:47]>> Okay. So, like real quick just just to clear it up. So, I don't I feel better about it because as of right now, I I definitely would be taking you on DUI just because of the signs.

[00:23:59]>> Okay. So, >> so am I under arrest or what?

[00:24:03]>> With this PBT, if you if you blow in the PBT and it shows all zeros, who is Cuz he he told me that already that he he has had dreams. So, who who's Yeah, I'm the I understand. So, who's who is safe to come get you guys?

[00:24:18]>> Let me explain.

[00:24:19]>> Who's safe to come get you guys? Since since you're under medication and you probably >> especially with which is a sleeping prescription, >> I just started taking >> I understand that, but if you're not if your body's not used to it, you probably shouldn't be driving. Correct.

[00:24:34]>> I mean, I guess not. But yeah, I Yeah, >> because you you work where?

[00:24:41]Um I work at center.

[00:24:43]>> Okay. So you you know the effects and stuff like that, right?

[00:24:47]>> Well, yeah, but >> that's what they gave me whenever I went to the psych.

[00:24:51]>> No, I I understand that. But that >> that's what they prescribe.

[00:24:56]>> But they they prescribe you that for sleeping, right?

[00:25:01]>> Just for the >> Okay, but it's also >> I mean I understand every medication has it side effects, but like everything does >> but yeah >> I don't know so what what do you what >> so all the PPT >> the test that he ran there's a state >> those those are through the state >> the signs and clues that you gave bleeds has plenty >> okay >> of substance to make us believe now >> so then >> trying to cut you we're trying to work with you if you do the PBT and you blow zeros like you said you're going to then obviously we're looking towards medication wise and not alcohol related OVI.

[00:25:47]>> All right, but I feel like I don't have to do that though.

[00:25:49]>> You're right. You don't have to. But based off the tests that you've already performed, there's plenty enough to take you to jail for OVI, >> right? But I I haven't done anything.

[00:25:59]>> I understand. But here's what I'm saying is if if you blow into that and then it shows zeros, I will give you a ride home and I will give him a ride home and we'll figure out what's up with the car.

[00:26:08]>> Yeah, I know. But I don't have to do that though.

[00:26:11]>> That's You're right. You don't have to.

[00:26:13]But then here here's the thing is if you don't where you're coming from. I know >> if you listen if you don't your license will be suspended and I'll still get your I'll get a blood sample and then we'll go that route.

[00:26:28]>> All right. So, >> so it's a it's simple. If you blow into the PBT and it shows all zeros, I'll get you a ride home. So, then I can feel more comfortable rather than knowing that it is not a alcohol induced. It's just your medication.

[00:26:41]>> Okay. Well, I I refuse. So, >> so you refuse?

[00:26:47]>> So, whatever happens next, I don't care.

[00:26:49]>> Okay. Well, back to our home. Thank you.

[00:27:01]872.

[00:27:04]>> I'm okay.

[00:27:07]>> So, are you going to are you going to blow at if we if we take you down to the sh the the post?

[00:27:13]>> No.

[00:27:14]>> Okay. So, you want us to get a blood draw on you?

[00:27:17]>> Yeah, if you guys want to. I mean, fine.

[00:27:19]>> Okay.

[00:27:22]>> I have a couple things, but >> you said what? I did have a couple but >> okay.

[00:27:36]>> You said you're you're not going to blow if I take you to the the post.

[00:27:40]>> Do what?

[00:27:41]>> You're not going to blow if I take you to the post.

[00:27:44]>> Um I mean I can but >> cuz it's going to be easier if you go that route. I mean if not I'm still going to get I'm going to get a blood sample of you regardless. So, >> right.

[00:27:55]>> You either either as soon as possible.

[00:27:57]So, >> okay. So, you're fine with going and giving a breath sample?

[00:28:03]>> I thought I'll get out of here sooner.

[00:28:05]Yeah.

[00:28:05]>> Okay. Um, can you do me a favor and spit your gun out?

[00:28:11]>> Oh, yeah.

[00:28:15]Spit out right there.

[00:28:20]Okay.

[00:28:31]That's littering. Okay, guys.

[00:28:36]>> All right, that's we're in route to the first already.

[00:28:53]connected.

[00:28:55]>> All right, let's go on here real quick.

[00:29:19]All righty. Come on through.

[00:29:24]>> Thanks.

[00:29:24]>> Yep. We're going to go to the room right there. Take an immediate left. Just have a seat on the wood bench right there.

[00:29:37]>> Here is 225 for >> Here's her copy that she can read.

[00:29:43]put this right here. He's going to read this top paragraph to you and then he'll explain the bottom to you. Okay.

[00:29:49]>> You ready? I think so.

[00:29:50]>> Yeah.

[00:29:50]>> So, you're now in arrest for operating a vehicle under the influence of alcohol, a drug, or combination of them. You refuse to take any chemical test required by law. Your higher driving privileges will be suspended immediately and you will pay a fee to have privileges reinstated. If you take a chemical test, you may have an independent chemical test at your own expense.

[00:30:10]>> Okay. Okay.

[00:30:13]You explain the bottom to her >> about if she refuses.

[00:30:19]>> Okay.

[00:30:20]>> Okay. So, so no priors and you refuse, it's suspended for one year. Um, one prior you refuses two years. Two priors, three years. And three priors or more, it's five years. Um, >> what's your name?

[00:30:34]>> That's it, right?

[00:30:35]>> Haley.

[00:30:37]>> All right. So, those be our first offense.

[00:30:40]>> Okay. Haley, are you going to provide a breath test?

[00:30:44]>> Yes.

[00:30:46]>> All right, when the time comes, I'll have you stand on this blue square. I'll put a mouth each one of these. Take it out of the wrap, put on the end of the tube there. You take a deep breath, hold for just a second, and then blow all the air into the machine. You have to do it for a minimum of 5 seconds. I'll count down for you. Sorry.

[00:31:11]Same thing. Deep breath in.

[00:31:16]>> Keep going. Keep going. Keep going.

[00:31:18]Don't stop. Keep going. Keep going.

[00:31:19][music] Keep going. Blow. Blow. Blow.

[00:31:20]Blow. Blow. Blow. Blow. Keep going. Keep going. Keep going. Keep going. All right.

[00:31:31]Come real quick, sir.

[00:31:32]>> Mhm.

[00:31:36]All right. So, when can I get out of here?

[00:31:40]>> Oh, how much do you have to drink?

[00:31:46]>> I have a couple twists of teas. Um, >> bad.

[00:31:51]>> That's it.

[00:31:51]>> It's a high test. You're a 328.

[00:31:56]Legal limits of 008. Like, you're four times the legal limit.

[00:32:01]>> Really?

[00:32:02]>> Do you drink a lot?

[00:32:04]Yes, I do.

[00:32:05]>> Okay.

[00:32:06]>> Usually I usually I have >> You can have a way higher. I've seen people that are like twos. They can barely stand up and we are having a normal conversation.

[00:32:20]>> I mean, I went to college and probably my my junior year I could do that, but >> yeah, I know.

[00:32:27]>> All right. Um, you were all done as far as with us. Um, whatever you >> All righty. Come on.

[00:32:39]>> Uh, let me see the chief real quick.

[00:32:40]Just a little bit.

[00:32:41]>> Okay. I just want to make sure they reprinted the right stuff.

[00:32:44]>> Yep.

[00:32:44]>> All right. You guys have a good night.

[00:32:45]>> Yep. Come on over here. And just so you know, that's also another uh that's an additional charge high test over here.

[00:32:55]>> I will. Thank you.

[00:33:03]All righty.

[00:33:04]>> The constitutional ceiling on chemical testing [music] was set in Birfield versus North Dakota. The Supreme Court held that a warrantless evidentiary breath [music] test is permissible incident to a lawful arrest. A warrantless blood draw, however, is not.

[00:33:20]Missouri [music] versus McNeely had earlier rejected any per se exigency theory based on alcohol metabolism. The trooper's statement that a blood sample [music] would be sought regardless was therefore legally accurate only if accompanied [music] by warrant procurement or valid consent. The breath result of 0.328 is dispositive. It is four times the per se limit established at section 45119 subsection A paragraph 1D. It also exceeds the 0.17 threshold of subsection A paragraph 1H triggering Ohio's enhanced high test penalties doubled mandatory minimum jail time and longer license suspension. On these facts, suppression is unlikely. The stop was lawful. The expansion was supported. The arrest rested on observed indicators independent of the refused portable breath test. The evidentiary breath test followed proper advisement and apparent consent. Defense theories would target the substantial compliance question or the voluntariness of consent. Both arguments would face an uphill climb on this factual record. Grades. The deputy receives an A minus. Two articulated statutory bases at first contact NHTSA compliant testing and candid disclosure of exculpatory observations. The trooper receives a B+.

[00:34:40]legally accurate explanations of consequence marred by occasional pressure tactics that tested the line on voluntariness. The subject receives a D.

[00:34:50]Cooperation while intoxicated generated the very evidence used against her. The optimal legal posture was silenced beyond identification and refusal of all voluntary tests. The originating department receives an A minus inter agency coordination, proper documentation, and observable training discipline. Three lessons emerge. First for officers articulate every basis for the stop on camera. Document the absence of indicators alongside their presence and let probable cause build incrementally. Second, for citizens field sobriety tests in Ohio are voluntary. The portable breath test is voluntary and statements are voluntary.

[00:35:28]Politely declining is a recognized legal posture. Third, for everyone implied consent is not optional. Refusing the post-arrest evidentiary test triggers administrative suspension regardless of the criminal outcome. The fundamental takeaway constitutional protections are robust, but they protect the silent and the informed far more reliably than the cooperative and the impaired. Let us know your thoughts on this case in the comments below. If you found this analysis useful, consider subscribing for more legal breakdowns of police interactions. Thank you for watching.