A driver can be charged with DWI (Driving While Impaired) even when using prescription medications, if those medications cause observable signs of impairment such as restlessness, fidgeting, and altered behavior, regardless of whether the driver has a valid prescription or is taking the medication as prescribed.
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Prescription meds lead to a tragic DWI arrest right before a family event on bodycam.
Added:I am going to stack it so it's a little bit more comfortable.
>> So, I'm missing my daughter's graduation.
>> Okay. We'll try to make this fast. Okay.
>> What do we do? Don't take a dick test.
>> Yes, sir.
>> Oh, thank God. I didn't make it by seven. Oh, I can pass.
>> Okay. But the thing is didn't cross over any lines when I was behind him. Yep.
They, you know, like jerky, you know.
>> Yep.
>> Yeah. So, ours had the caller had them all over.
>> There's supposed to be powder in the tubes. I'm not getting set up here.
>> Supposed to be powder in the tube. That just keeps it from clotting inside there, too, cuz it gets sent through the mail.
>> Oh, okay.
>> No, we're not setting you up.
>> Almost everybody.
>> This is a commercial dump truck driver racing across counties to make it to his daughter's high school graduation. His milestone family journey is abruptly derailed by a female state trooper claiming the title of a drug recognition evaluator. Despite the citizen being fully coherent, blowing a perfect at zero on the breathalyzer and possessing a valid aderall prescription, he is thrown into handcuffs. Anyway, this is a heavily biased arrest.
>> Hello.
>> How are you?
>> I'm good. How are you?
>> Figured I'd come in this way cuz I >> didn't want to be on the road. Oh, okay.
>> Okay. I'm just going to go talk to my partner up here. You good? Yeah, I'm good. Everything you just hang tight.
Okay.
>> Can I just see his deal?
>> Yeah, he's very >> Yep.
>> What's up? Let's do that.
>> EUI 21.
>> Can you go up one?
>> Going from Wadina. Going >> from Wadina.
>> Going to his uh daughter's graduation of Brainard.
>> Brainard. He missed it cuz he >> unless he's going to that over >> Brainard.
>> Yeah.
>> From Wadina. He would have just stayed on 10 to 210. He would have never ever came this far.
>> Yeah.
>> 64 brainer.
>> I don't know if you were watching this.
>> Who's the RO on this car?
>> Thanks.
>> It is him.
>> Can you add him as my driver, please?
>> Totally up to you.
>> Yeah, that's fine with me. You got to get off in a couple hours for an hour and a half.
>> Yeah. Do you just want to hang tight just behind them?
>> Yeah.
>> Okay.
>> So, I don't know if they did. You have your proof of insurance?
>> Yep. Would you like to see too?
>> Yes, please.
>> Yeah. So, >> is it okay to open it up?
>> Absolutely. You don't have any knives, weapons, guns, or anything in there?
>> No.
>> Yes, that's just fine. Where you coming from?
>> Uh Alexandria. Just got off work on my way to my daughter's graduation.
>> Alexandria.
>> Yeah.
high school graduation.
>> Yep.
>> And you own the car?
>> Yep, I sure do. Okay.
>> What were you doing in Alec?
>> I I worked there for Markley drive >> for what?
>> Markley asphalt. I drive a semi- dump truck.
>> Gotcha.
>> Does God work?
>> What were you doing while driving? Were you on your phone or something like that?
>> I got handsree hands.
>> Well, you were called in for being all over the road.
>> Yeah, that don't make no sense to me at all.
>> Okay. There's no reason that you would have been >> all over the road or wasn't ever all over the road. Somebody must be Josh and it must be a prank or something. I don't know.
>> I don't know about that.
>> Yeah, I haven't been all over the road and had no issues. So, >> okay. Are you taking any prescription medications?
>> Uh, I take Adderall.
>> What when's the last time we took Adderall?
>> Uh, 6:00 this morning.
>> How many milligrams is that?
>> Uh, 30.
>> 30. Okay. Once a day. Once in a morning.
Six.
>> How about anything else?
>> No. Um, any illegal controlled substance uses that we use?
>> How about alcohol?
>> No.
>> Okay. So, I'm a drug recognition evaluator and there's a couple concerning things.
>> Okay.
>> Um, I'm going to run you through a few tests. Your eyes are glossy, watery, >> your driving conduct being called in.
I'm going to run you through some tests and make sure you're good to go. Okay.
>> Any questions with that?
>> No.
>> If you want to, you can shut your car off.
>> Hope I'm not late for my daughter's graduation.
>> What time is that at?
>> 7:00.
>> Okay.
>> Hopefully not. I still got to change into some clean clothing.
>> You don't want to wear that?
>> No.
>> Okay. Hands up. Do you wear any knives or anything?
>> No.
>> Okay. Nice quick pat cuz sometimes that's totally fine. People forget that they have pocket knives, especially if they do construction. I'm going to have you come back towards my >> work 15 hours a day. So, >> okay. So, what time did you start this morning?
>> At 6:00.
>> You started at 600.
>> So, do you have to Where do you live?
>> I live in Alba Lake.
>> Where is that?
>> Uh, South Fergus Falls.
>> Okay. Okay. So, do you have to drive to Is it in Alec or that's just where the job is?
>> That's where the that I work right out of Alexander every day.
>> Every day. How long of a drive is that?
>> Uh from Elbow Lake.
>> Okay. I'm going to have you stand in front of my grill here. Face your car.
>> Any recent brain injuries?
>> No.
>> Concussions?
>> No.
>> Tumors?
>> No.
>> That you know? Any lower body injuries that prevent you from walking or?
>> No.
>> I won't have you doing any cartwheels, so you'll be okay. All right.
>> Blind in either eye?
>> No.
>> Do you wear contacts?
>> No. Okay, just a couple questions I ask.
Have you done field sobriety before?
>> Y.
>> Okay, so I may do stuff very similar, but I also might do it a little different from in the past. I'll explain everything.
>> Okay, >> so you won't be guessing. If you have questions, just ask. Okay, first thing I do is I just take a pulse. So you just relax here. I'm going to get my little stopwatch up. There you go.
>> Yep. And just relax there.
That's just the aderall that you take.
>> Yeah.
>> Daily.
>> Vitamin C and a zinc.
>> It's totally fine.
>> Melatonin gummy at night when I go to bed.
Um, what was I going to say?
I was going to say. So, next test, it's a Romberg test. So, feet completely together.
>> Okay.
>> Toes touching, arms by your side.
>> What I'm going to tell you to, and when you I tell you to, you're going to tilt your head back and you're going to close your eyes. All right.
>> While you do that, you're going to estimate the passage of 30 seconds.
>> Okay.
>> In your head, however you do it.
>> When you believe 30 seconds has passed, >> you're going to tilt your head down just like you are now and open your eyes and say stop.
>> Okay.
>> Any questions about that?
>> It might be that close. It's going to be that.
>> They have to be touching if you can.
>> Any reason that they would have to be apart.
>> Oh, it just kind of feels a little weird.
>> Yeah, cuz we don't usually stand like that. But for this test, yes, you stand like that. Any questions?
>> No.
>> So, I tell you when to start and you're going to tell me when to stop.
>> Okay. Eyes open, closed.
>> Eyes closed.
>> Okay, eyes closed. Okay.
>> Yep. So, I'll tell you when to start.
I'll make sure nobody is coming.
>> Okay, you can begin.
Shaking boxes.
Finished.
>> How'd you get there?
>> What do you mean?
>> How'd you get to 30?
>> Did you count? Did you just guess? Did you you I just asked.
>> Yeah.
>> Count it in your head.
>> Count in my head. Was I close? You're close. Okay.
>> You'd be surprised what the answers I get.
>> So, you're a little taller than I am.
So, I'm going to have you have a seat on this chair. Well, I shouldn't say chair, but it'll be your chair for this.
>> What I'm going to do >> is you're going to follow the tip of my finger with your eyes and your eyes only. It'll be going side to side. Try not to move your head side to side with it.
>> Just keep your head exactly straight on and we're just moving our eyes. Okay.
>> Any questions with that? Nope. And >> you said you're not blind in either eye.
>> No stigmat.
>> I got those, too. Makes my contacts more expensive.
See my finger?
>> Yep.
>> Okay.
Heat up here.
Okay, relax your eyes. This next one's [clears throat] also an eye test.
>> What I do is I'll make two big circles around your face. You're going to still follow the finger the whole time. Okay.
>> And I'm going to come close into your nose. I won't touch you, but it'll get close. Your eyes will cross. Do you have any issues crossing your eyes that you know of?
>> No.
>> Have you ever tried to cross your eyes?
You're younger or anything?
>> Yeah.
>> But you could We're always able to cross your eyes >> pretty much. Yeah.
>> Yep. Okay. So, what I'm going to do is just make those two circles. Come in close. Won't touch you. You just track the finger all the way in.
>> Okay.
>> Any questions?
>> Trying my best.
>> Okay. See my finger?
>> Yeah.
>> There you go.
>> Okay. One more time.
>> Okay. Let your eyes relax. It's not seeing cross eye anymore. Do okay.
>> Your eyes were able to cross.
>> Thank you.
>> Yeah. Some people they just some people just can't cross their eyes. Um, next test you can have it stand up is going to be a walk and turn test.
>> Okay.
>> So, where you're at right now is perfect. Where your left foot's at, you can take a step off that little whip.
There you go. Where your left foot's at, put your right foot in front of that.
>> Okay?
>> And stand like that till I tell you to start the test, keeping your arms by your side. And I'll show you exactly what I'm going to be having you do.
Okay?
>> So, what you're going to do is a series of nine heel to toe steps forward. Turn around and do nine back and I'll show you exactly what you're looking for.
Okay.
>> 1 2 3 4 5 6 7 8 9. Once you get to that ninth step, you keep that last one planted. Take a series of small steps pivoting on that last one. Nine. Back. 1 2 3 4 5 6 7 8 9. Once you start the test, don't stop until we finish.
turning the way I did, hitting that heel to toe and keeping your arms by your side.
>> Okay, >> any questions?
>> No.
>> Okay, you can begin whenever.
>> Okay, >> go ahead. 1 2 3 4 5 down 6 >> 7 8 nine >> 1 2 3 4 5 6 7 8 9 >> Okay, face your car. So, this one's a one leg stand test and I'll have you take a step off. We'll go on this even pavement cuz that other one's a little bit uneven. So this >> the shoes are so bouncy. They kind of make me gain.
>> Those are good shoes. Those are expensive work shoes.
>> They are expensive.
>> They're good for your body.
>> $75.
>> Yes. They're not cheap anymore. That's a good brand.
>> Yeah, they do.
>> So what you're going to do is you're going to raise either your right or left, whichever one's easier. Some people have a more dominant leg. You're going to raise it approximately 6 in off the ground, just like mine is.
Completely flat.
>> Arms by your side.
>> Looking at the tip of your toe with your eyes, counting out loud. 1,00 1,002 1,003 1,004 and so on until I tell you to stop.
>> Okay?
>> While you're doing it, try not to sway, try not to hop, and keep those arms by your side.
>> Okay?
>> Any questions?
>> No.
>> Okay. And whichever foot you decide, that's fine. You just start whenever and I'll tell you when to stop.
>> Okay.
>> Okay.
>> 1,00 >> little higher. So, it'll be about 6 in off the ground. Pointing that toe straight.
>> 100.
>> There you go. Point that toe straight.
Keep that level like mine. See how it's flat? There you go.
>> 1 100 1 2 100 Looking at that. 3 100 4 100 5 100 6 100 7 100 8 100 9 100 11 100 12 100 13 100 14 100 15 100 Sorry.
>> Okay. Nope, you're okay. No need to apologize. Okay, I'm going to take a pulse again. You can have a seat again.
These shoes are squishy. So >> those are good shoes.
>> They are. But they're kind of >> Mine are pretty solid, man.
>> Huh?
>> Mine are pretty solid.
>> Yeah, these here got such a big pad on them. I feel like I'm standing on a board.
>> Do you want to try it with taking your shoes off? No, >> I think I did get enough.
>> Okay, >> I didn't ask. Some people want to go barefoot.
>> I feel pretty confident I passed the sobriety test.
>> Mosquitoes are coming out.
anything alcohol wise today?
>> No. Over in the last 24 hours, anything in your mouth?
>> No.
>> Stick your tongue out.
>> So, I get lied to every day. So, we just knock that PBT out. How's that sound?
>> Sound good? [snorts] >> Did we have a DWI in the past before?
>> Yes.
>> What was that one for?
>> Drugs or alcohol?
>> Drugs.
>> What was that?
>> Okay. Now, was that your drug of choice?
>> No.
>> Wasn't your drug of choice?
>> No.
>> How did we end up using it then? I ended up drinking some water that had it in in it.
>> Oh.
>> When's the last time we used math?
>> July 7th. Uh 2020.
>> 2020.
>> How often did we use it in the past?
>> Pretty often. Oh, >> when I lose my insurance for my >> Oh, gotcha. Blow. Blow. Blow. Blow. No, >> there you go.
>> Yeah.
>> Zeros. You were telling the truth.
>> You'd be surprised. And all of a sudden it's like, oh, okay. Wasn't very honest.
When you lose your insurance for aderall?
>> Yeah, I lost my insurance.
>> How long ago?
>> Oh, this is years ago. I've been I'm going on >> Are you on probation or anything?
>> No. No.
>> No.
>> Um, when's the last time we used meth?
>> July 7th, 2020.
>> No, I haven't used that in since I was in high school.
>> How do we take our aderall?
>> Uh, orally. I have my prescription. If you'd like to like see it.
>> Do you have it? Yes. I'd like to see it.
>> No weapons that are in there. Just since we're going back to our car. I I drive my backpack. Is that okay?
>> That's absolutely fine. Yep. Just I'm going to ask you again. No drugs or >> absolutely anything in there?
>> I get drug test. I got class A. I drive commercial vehicle. So, >> okay.
>> So, you take this how often?
>> Uh once a day.
>> Once a day.
How many do you get prescribed? 30.
What day is this today?
>> The 31st.
>> So, how come we have a tab and a half?
Uh probably cuz on the weekend maybe I felt like taking a half tab instead of the whole one.
>> Did we just take a half tab today?
Tonight?
>> Uh not tonight. No, I haven't had one since this morning.
>> Okay. So, >> I got to work again tomorrow morning. I don't I only take them in the morning.
So, >> okay.
>> With my metformin.
>> What's a metform?
>> Oh, yeah. I forgot to tell you. I'm on metformin, too.
>> What's that one for?
>> Diabetes.
>> Oh, okay.
>> So, we're supposed to take it every day.
here on this.
>> And this was prescribed in April 17th, right?
>> No.
>> So, do we not take it every day?
>> Sometimes not. On the weekends or I just think I have one. I don't have work, so I >> Okay.
>> Weekends I kind of relax and just veg out. So, I've had that over just chill.
I don't I don't need to be so focused on the weekend. [laughter] >> So, that's been that's been filled over a month and a half ago. And >> Yeah, I see that.
>> I still got one and a half left. So, >> I saw that. [clears throat] Can we stay out of our pockets, though? Um, >> you're about to lose your mirror.
>> Yeah, deer bit me.
>> Um, how did we use the meth in the past besides just that one or that drink in it? Did we smoke it or snort it or shoot it?
>> Oh, no. No, I don't.
>> No needles.
>> Never. No.
>> How did we use it in the past?
>> Snort it.
>> You snort it. You have any Do you have your septum? Look up.
>> Have you ever looked in somebody's nose after they snort stuff? Yeah, I haven't snorted anything in 4 years. Okay.
>> Just about. So, >> just smoked it then.
>> No, I haven't smoked in 3 and 1/2 since July 7th of 2020.
>> Okay.
>> So, >> so you're showing a lot of signs of stimulant use beyond a prescribed dosage. So, I don't know if you took it at 6:00 a.m., right?
>> Yeah.
>> And took 30 millig, >> you're way too stimmed out right now for that.
>> So, when's the last time we actually took our nateral pill?
>> 6:00 this morning.
>> Okay. So, what else would we have that's making you stim?
>> Nothing. I don't have no caffeine, no pop. I drink bottles of water. Uh, last time I had encounters with the cops, they were at the wrong room. They tased me six uh six cops tased me 12 times.
And >> you don't fight with cops, do you?
>> Nope. No, >> just that once.
>> I didn't fight with them that time either.
>> Well, you got tased 12 times. I wasn't very cooperative.
>> No, I was phased down and got tased 12 times and put in a coma. So, >> how long ago was that?
>> Uh, a few years ago.
>> Okay. So, >> so I get nervous around cops a little bit, you know, >> and I can get that. But have I?
>> I was the wrong person. Wrong room, wrong everything.
>> But I've never given you a reason to be nervous, right?
>> Well, you're right. Now you're telling me I'm over stimulated and I just pass a sobriety test and >> you're making just now you're getting agitated, which makes me a little nervous.
>> Am I getting arrested for DWI? Are we going in or what?
>> Are you going to be cooperative?
>> Yes, ma'am.
>> Yes, you are under arrest.
>> Yes, you're a cooperation. It means large. Okay.
>> Appreciate it. Um, I am going to stack it so it's a little bit more comfortable.
>> So, I'm missing my daughter's graduation.
>> Okay. We'll try to make this fast. Okay.
>> What do we do? Go take a drug test.
>> Yes, sir.
>> Oh, thank God. I didn't make it by Saturday. Oh, I can pass.
>> Okay. But the thing is, >> yes.
>> Do you have somebody that can come get you? Cuz if I'm arresting you for a DWI?
>> Oh, I'll pass your drug test.
>> No, sir. So, what's going to happen, and I'll explain it to you, is we have to go in for a BCA drug test, which I don't get the results for today.
>> So, I'll be in jail overnight.
>> Can you just listen for one second?
>> Are you going to be cooperative the entire time?
>> Yes. Can I grab my wallet? Can you give me >> I'll grab I'll grab all your wallet and stuff. Um, >> I can't call my daughter. I'm not going to make a graduation.
>> Oh my god.
>> Try to relax here. Okay.
>> Can you face your car for me?
Do you want the cash left in the car or do you want to take it with you?
>> Take it with me.
>> Okay.
>> Well, what about it?
>> We are in Little Falls.
>> Why do you think I'm over stimulated? I don't understand.
>> So, I'm a drug recognition evaluator and you're showing signs, numerous signs of >> like what?
>> Like, >> I've took you my prescription. I've >> You wanted that with you, right?
>> Yes, please.
>> Okay. Come on back with me. I I'd like to call my mom or somebody.
>> Well, I'll grab your phone. I will.
Okay. Come on back. Come on back.
>> Am I going to be in jail overnight?
>> We'll see.
>> Typically, yes, you would be. But we're going to >> have no drugs. I'm going to pass every drug test you got. I have zero drugs in me.
>> Okay. Go ahead.
>> No pot no coke, no meth, no nothing.
Just >> Okay. Have a seat. Do you want to bring your sunglasses with or you want me to leave them in the car? I I don't know.
>> Yeah. Try to relax. Now, I'm going to turn some air on for you. Okay.
Turn the heat off. Air's on. Okay.
>> She's validictorian. work 70 hours a week. I can't believe this.
[laughter] I've been drugged free and going.
>> What's wrong?
>> I I tend I set free.
>> I go to church.
>> Okay. Hold on. Okay.
>> I don't know. Is your dash cam camera on? Okay. It look looked like mine wasn't on, but my body camera was on.
So, >> my dash cam isn't I've been rolling the whole time.
>> Okay. Yeah, I just went to turn on my back seat and my front camera wasn't on, but my >> uh I was trying to position myself to like see.
>> That's perfect. And my squat I I didn't have the driving. So, what did did you see at driving conduct?
>> Yeah. Well, he's got a cracked windshield. Uh and then he has a inoperable uh passenger side brake light.
>> Okay.
>> And then uh yeah, he was kind of jerky.
Didn't cross over any lines when I was behind him. Yep. Big, you know, like jerky. Yep.
>> You know.
>> Yep. Yeah. So, ours had the caller had them all over.
>> You want to come?
>> Yeah, sure.
>> I usually do um toll cuz we're in the middle of an alley.
>> Yeah.
>> Yeah. 64 brainer.
I'm 10:15 56D. Can you start a toll for me, please?
Just let him know I'm in the alley between Eth and 9th.
So, he wanted his phone.
Yeah. So, his aderall he's not taking as prescribed.
>> He's got a pill and a half.
Um, close it both.
>> Um, first one was 118. Second one was 124 or six. I wrote it down.
>> And number >> 35.
>> He was fidgeting that whole time. So, did you see during HGN his fingers on his leg, too?
>> Yeah.
>> Yeah.
>> Yeah. He was like this the whole time on his leg.
>> Yeah.
>> Brookism. I saw that [ __ ] But he stopped right in the middle of 27 when I stopped him.
>> Oh, did did you tell him to move into here?
>> Yeah, I was. So, that was before I even stopped and talked to him. I said, "Just move." We were like right here, right by this alleyway. I'm like, "Just pull in the alleyway."
>> Okay. Yeah.
>> Well, and then I went by and I'm like, >> and then I walked up here and I was like, "Oh."
>> Yeah.
There's a whole shovel.
So, did you say he was diabetic?
>> What?
>> He said he was Did you say he was diabetic?
>> So, I wonder if he needs to take this with him, >> but it doesn't have his prescription on it. It looks like it's got a blood sugar test on it. I might bring that with just in case. I don't know.
I don't know how to go through all this.
>> What if he wants that?
Yeah.
Got a lot of turkeys. What is dinging?
Is that his car? What?
>> Yeah. Like what is dinging on?
What is Allan?
They were searching an apartment.
Air fresheners.
Oops.
a jar of rocks.
Well, that's strange. Unless you just purchased it, but drip contains cracked quarter.
That's a type of rock.
>> Uh, ouch.
>> Aderal or meth?
>> Meth. Or aderall that he just took way too much of.
>> Yeah. Did you say his It was last filled in 2017?
>> No. So, it was filled in April 17th.
>> Oh, April 17.
>> Why is it Does he have his hazards?
>> Another jar of rocks.
Yeah, that or he just took a whole handful of his aderall.
>> I get >> I get this trunk key.
>> What's that? This guy just Oh.
Yes, it does.
>> Thank you. Can you hold this key then, too?
That is wet.
She's Kiwi Jam doesn't sound good.
>> It looks like he's So, this was the one that was out.
>> Yeah.
>> Yeah. I'm wondering if he tried to >> fix it at one time. Yeah. Just We have all the color information and everything.
And I'm just going to document on body camera that he is not taking as prescribed.
Says take one tablet per mole per day over the 30 days. He's got a pill and a half. I grab his insulin.
It's a lot of money.
I never have cash on me. People that have cash tavern gift cards say tavern.
>> You want me to come to see me with you or >> I don't know what he's >> Yep. He's You see him start to >> Yeah, that's why I was kind of creeping around the car.
>> He kind of got agitated and then he got tased 12 times. I'm like, "Oh, that tells me you weren't very happy."
>> Yeah, I saw we were we were edging towards Oh, he was under arrest, but I knew it was coming soon.
>> Yeah, >> creeper.
>> Yeah, I'm like, get a little closer.
>> Yeah, you just never know anymore. I'm going to put this money in this big dude.
>> Very, very pretty dude.
Um I'm going to do a toe log.
Hopefully I wonder who they got.
If >> you fill it out, I can sit on it if you want.
>> Yeah, cuz it'll take me a little bit to do the search war on it.
>> Yeah.
>> Um I'm just going to leave his aderall in Did I lock the car?
Well, I shut his windows.
Put his Add a back in his backpack.
You want to take it as evidence?
>> No, I document it on here. I don't want to take his prescription just and then even his insulin cuz I don't think they'll give it to them.
>> I suppose cuz he can't verify what it is, >> right?
[snorts] >> I guess he could be rather rather be safe than sorry. They could just throw it in his property and >> cuz Adderall he already says he doesn't take as he's supposed to daily. So if he's not using it, he doesn't need it that day.
Um, I'm going to put that in the cup holder.
Yeah, I'm going to grab that just in case.
>> Yeah, for now I'm just going to ask him.
[music] >> Yes, sir.
>> What's that? Hey, let me go to my daughter's graduation. I promise you, there's been no drugs.
>> So, even you can still get a DWI off of a prescription medication. Okay. You're showing signs of impairment caused by the prescriptions. Even if it's not a prescription, it's a stimulant of some kind. What I am going to do for you, cuz you're late, you're not going to make it in time.
Do you want to call somebody to let them know? I can't let you know. We have to do this process. I'll try to get you going as soon as we can. I can't. My hands are tied. situation, please.
[laughter] >> I know.
>> Please.
>> So, I'm just going to No drugs.
>> We're going to get going and we're going to get >> I swear to God, I've done no drugs.
Please.
>> So, I'm I can't We're under arrest for DWI, but do you want to call somebody quick to let them know you won't make it in time? [laughter] Do you want to do that or do you want to wait?
>> Yes. Call someone.
>> Okay. What's your [laughter] >> What's your pen?
>> Well, do you want your hands? Can you go off to the Am I going to be in jail overnight? All all weekend or what? I got a work from homework at 6:00 a.m.
>> How when's our Okay, I'm going to ask you a question, but first I'm going to read you something. Right. You're under arrest. You have the right to silent.
Anything you say can and will be used against you in the court of law. You have a right to an attorney and have an attorney present during questioning. If you cannot afford attorney, one will be appointed to you with little to no cost.
Do you understand those rights?
>> Yes.
>> So now I'm going to ask you questions.
I'm going to explain everything. So at least then if you answer a question, I read you that. When was your last DWI?
Was it within 10 years?
>> 2019.
>> 19. It is 24 now.
>> Okay. So, we're within 10. So, it would be a thirdderee DWI.
>> You're still not required to see a judge.
>> Okay. So, I'm not going to make you sit all night, but can somebody come get you at [snorts] 7:00 in the morning to get you to work?
>> Well, you can't drive cuz I'm arresting you for being a para while driving. I promise you I'm not impaired.
>> We're impaired by prescription medications.
>> I'm not I'm not impaired. I drove a semi all day.
>> Okay. But [gasps] I'm just telling you what you're under rest for and what I see are the signs of impairment. You >> I ran out of my own yesterday. My blood sugar is probably high.
>> Okay. So, even that's not going to cause what I'm seeing. But I did bring your I think you have insulin, right? Or you have something?
>> No. What what was in that little thing with a finger prick and it looked like a blood blood sugar testing and it looked like one thing of >> was that ompic or was that insulin?
>> Probably that was about I was about my last my uh I get my prescription filled on Monday.
>> Okay. And we can have the hospital check your blood as well.
>> You're not going to find nothing in my system other than my aderall and you're not going to find a high level of it.
You're going to find it within normal range.
>> Okay. Then that's what we're going to find.
>> Well, I still get a DWI out of that.
You're you're under arrest for right now.
>> I'm not I'm lose my senior yellow enough for this or what?
>> So this is one get >> my job.
>> I know. So we the blood doesn't come back for like 2 3 months. So everything stays as is for 3 months. Then you can take it to court. You can fight it in court. You can do whatever. But that's the process that goes.
>> How long will it take for you to release me? I can't drive my car out of here.
>> Absolutely not. I just arrested you for a DWI.
>> I'm not going to make a graduation.
>> No, we're not making a graduation tonight.
So that's where we're at now. And we try to make this as fast and smooth as possible. She's getting broken.
>> I know. So we'll be in the end. Okay.
>> Nothing wrong.
>> So he didn't want to give me or he didn't want to do the passcode for his phone, which also tells me.
Yeah.
So he said this is OMIC, so he won't be >> and it's empty. What is that? It's >> like So, it's what everybody's using right now for weight loss. It's to help your insulin levels within.
It's not insulin, >> but yeah, I'm going to see who they have for a toe.
Okay.
[laughter] [laughter] >> 1807 [snorts] >> 2009 gold Kia license status valid. NCIC person clear. NCIC clear.
[snorts] [clears throat] >> License status valid. NCIC person clear van that's been parked there a couple days with a broken rim and no tire. She did see a gentleman. Park it there and walk away.
License status valid. NCIC person clear.
NCIC clear >> this one hand is going numb. Ma'am, >> which foot? Which hand? This is my right hand.
>> Okay, let me check take a peek at it.
Okay.
>> Which hand?
>> This one, right?
>> Uh, this one.
>> This one right here.
>> Okay.
>> Oh, you're going to have to step out for me. You can turn like normal and then just step out.
>> Yeah. So, it's resting on it. So, I'll turn it. Do >> you want me to try to cuff you a different way?
>> Can I just have it in my front? No. It is really >> Are you going to fight me if I move it in the front?
>> No, I promise you no fight whatsoever.
>> Okay.
>> Cuz I get the frustration and I get all that. But >> Oh my god. You better forgive me.
>> That's not true. Nope. I know that's not true.
>> I promise you won't believe me.
>> That's not true. Okay. So, I'm going to lock it so it doesn't get any tighter than that. Okay.
[snorts] How's the spacing on? I promise you I've done no drawings.
>> Have a seat in there. Okay.
>> Is that better?
>> Yes. Thank you.
>> You're welcome.
>> I have a bottle of water in my backpack.
Can I get that by chance?
>> Yeah, I'll grab it. But we can't have it until after we do the blood. Okay.
>> Just cuz I like we said, we've already drank meth before. So, I'm going to make sure there's >> Is there any way we can hurry that up?
Cuz maybe I can hitch. I can make it there in time.
>> We'll try to figure some out. Just hang tight.
>> So, he's got mood swings. He'll start crying. Stop crying.
Sweaty water bottle.
You can have that after. Okay.
Two down here.
>> What is your phone number?
>> 218.
>> Okay.
6718 >> 8. What were the last four?
>> Yeah.
64 brainer.
>> Can you get the Morrison on call information, please?
>> Hello.
Feel like 300 times.
15.
I think I just saw them. Yeah, I'm going to go. Okay.
Oh, can you grab my clothes for the graduation license, please? I don't think we're going to be there in time.
>> Okay, I'll go.
>> He wants us red just in case.
>> You don't have to.
You just want to tell You can just tell them.
>> Okay. Just telling the stuff's on the dash. You know, if you want to even come to the hospital, call pending. Doesn't matter.
64 hospital please. I cannot >> license status valid.
>> Does it start at seven or what? Does it >> Okay.
Do they still do it outside on the football field?
>> Yeah.
>> Okay.
Unless she told me not to yell and to say her name, so I'm like, I guess I won't.
Do you have any License status valid. NCIC person clear.
NCIC clear.
Is the temp okay?
>> Okay. Let me know if it gets too cold.
>> Yeah. It happens.
>> No.
>> No. I wear shorts in the winter.
>> Sometimes it can get chilly back there, but >> So, what's going to happen? What does it look like from here?
>> So, now we go in. I type a search warrant.
>> They'll take blood.
>> And typically, you'd go to jail for the night.
>> But we'll see.
2183 was that stimulated or what?
>> Um, there's numerous things >> really.
>> Yes.
>> Yes. And even if it's prescription, we can still get impaired if we're not taking it as prescribed or if we're not if we're double enough or if we're taking >> I know my levels will be good with this.
>> Well, >> license status valid. NCIC person clear.
NCIC clear.
>> I don't abuse my regard pretty serious.
License status valid. NCIC person clear.
NCIC clear.
>> 1819.
80019.
>> I [snorts] have Terry Meyer on the phone.
She's kind of in regards to that civil matter or civil process that one has.
Looks like you were on it as well as I have no idea what you're talking about. I put the kids on a hold and that doesn't pertain to what they're working on or not.
>> I just see them all related. It looks like the RP question.
License status valid. NCIC person clear.
NCIC clear.
Okay. 332.
>> K 332.
>> You whip me up or uh you for that. We'll throw it in. I'll grab it here in a little bit. Copy it.
Heat. Heat.
Does it say 116 beats per minute?
>> What's that?
>> Does it say 160 beats or 116?
>> 16.
>> 16.
>> Yeah.
>> Oh, okay.
>> You reading it all or what?
>> Yeah. You're okay with that?
>> Not really.
>> Oh, >> no. I don't care.
>> That's good cuz all my medical records show my heart rate usually between 90 and 112. So, >> okay. Well, that's pretty normal.
>> [music] >> 374 on a maroon conversation 1829.
2300.
that vehicle description control.
I'll call it Air 143 Maru Chevy Traverse 28 boy Robert Nor 615 All right.
Thank you.
Oh god.
Hello, your honor. This is trooper Megan Bozer calling.
>> I was wondering if I could send you a DWI search warrant.
>> Oh, I'm sorry.
>> No, no, no, no, no.
>> Do you know his number off hand?
Yep.
>> 212.
>> Perfect. I will call him.
>> Thank you.
6003 >> 63. Okay, I will try that one.
>> Thank you.
>> Bye.
[snorts] >> Hello, your honor. This is trooper Megan Bozer calling.
I was informed to call you to see if I could send you a DWI search warrant.
>> Perfect. I will sign and submit right now.
>> Thank you.
License status valid. NCIC person clear.
NCIC clear.
License status valid. NCIC person clear.
NCIC clear.
License status valid. NCIC person clear.
NCIC clear.
K332.
>> What?
>> You got a hit for 29 person.
>> Oh yeah. I'm not going to hold on.
[music] Oh, worst timing, huh?
>> Ran out of paper.
>> Why did that thing I was running?
Well, normally it gives me a heads up that it's like pink.
>> Nope.
>> Did they say what?
>> What's up?
>> Uh, no.
I didn't even hear a merit to mail yet.
>> Don't they map?
was down.
>> I [music] was curious.
>> Well, it was originally Jud, >> but he's about to run a 5K right now, >> I guess. So, Yeah. So he's like, "Can you call this judge?" I'm like, "Sure."
So you know that I'm calling.
I don't think I ever sent to the that other judge, Miller.
>> And another one coming in.
Have a good night.
>> You as well. Thank you.
Take.
Okay. This is a signed search warrant saying that failure to provide a test is an additional charge. Okay. Come on out.
You can leave this in here if you want or you can take it with. I don't care.
Either way, we're coming back. Heat.
Heat.
Thank you.
>> Can you have them check my blood sugar, too?
>> Yeah, if you want them to, they can probably come have a seat.
>> Are they able to check a quick blood sugar at the same time?
>> Maybe.
>> Without admitting him. He just wants to get a sugar check.
>> Yeah.
>> You like it?
>> No.
>> What? Don't you like work?
>> I'm driving.
>> You don't like it?
>> No.
>> I feel like I would get from 6:00 to 9 every day.
>> And what company is it for?
>> Markley. 15 hour days.
>> I've never heard of that company.
>> No, I've been around >> probably 10 minutes.
>> At least pay time. Yeah, >> that's all that matters.
And it's only a half an hour drive to work.
That's not bad.
>> Do you get to take the truck home or do you have to go pick it up from a shop?
>> Pick it up here anymore.
>> Oh, okay. I suppose unless you own the truck, they probably don't want people taking it home.
>> Are you right or left-handed?
>> Right.
>> Okay. So, yep. You'll just take a pen.
You're going to initial on that line, the subject initial. And then there's the second one, too. Just initial.
Perfect. Thank you.
>> Thank you.
>> That was very nice of them. So, they don't have to do that yet.
popping two pockets and I forget where I put things.
[snorts] Did [snorts] you buy the car from Florida or why do you have Florida plates?
>> It's off my pickup.
>> Oh, is Florida one of the states where you can take it to and from?
>> I don't want to buy from Florida.
>> Okay. Some states you can take it with you like transfer it on a different car.
Minnesota you can't. [snorts] >> He's got the plates cuz he told me to save them for him to belong to his dad.
>> Oh, did you know the guy?
>> No.
>> No.
Hi.
>> Hello.
>> Thank you.
>> Cuz you haven't had any insulin today, right?
>> No, I I took my metformin this morning.
>> Okay.
been dead long time. Laid on sets.
I think that's more common.
155.
>> All good.
>> Thank you.
>> Thank you.
Hello.
>> Yeah, they have all the paperwork.
One thing we have to sign is she hasn't done one before, so I'm just walking her through it. So everything's contained in the kit like this and this.
>> You just want to check that. Make sure it's not expired. Just powder in the tubes.
>> And just for us, if it's expired, it's still okay cuz we're sometimes short.
It's just the vacuum that it affects.
>> So then you just make sure it'll still Yep. It just may not suck it out as fast.
>> Correct.
>> There's supposed to be powder in the tubes. I'm not getting set up here.
>> Oh gosh. Supposed to be powder. That just keeps it from clotting inside there, too, cuz it gets sent through the mail.
>> Oh, okay.
>> No, we're not setting you up.
>> Almost everybody says that.
>> That's the first time I've ever heard anybody say that to me. That's funny.
>> Yeah. It just prevents it from clotting.
>> Okay. Now, this will be tight.
>> Good.
>> And then with the label, you can >> always iodine, never alcohol.
>> Yeah. I was just going to say you're going to understand why it's two gloves in just a minute.
>> Mhm.
>> This does get messy.
>> Sticky. Yep. And we can clean it up afterwards, but for now I have to use the the iodine certain amount of time.
>> Yeah. 10 to 30 seconds.
>> Just dry your eyes.
>> It's just like alcohol without the alcohol content >> cuz that could affect blood results.
>> Oh yeah.
>> Yep.
>> So if he was to come in for like alcohol, it could affect It typically won't cuz it dries so fast, but they just don't no >> ever mess around with it.
moisture.
>> Yep.
>> That's why I do the tube up cuz it gets sticky.
>> Super sticky.
>> Okay. This will be a bit of a poke.
>> He's got good laying.
>> Yeah. Yeah.
>> Time blood draw is 1855.
>> Both.
>> Yep.
We'll have to check with uh canvas on the minimum fill because I don't it's usually like halfway.
>> Is there any package inserted with the kit?
>> So then I'll we have to put these stickers on. So she was she has to initial those bottom lines saying that she took the blood from him.
>> Yep.
>> I put them on [snorts] the tubes. We put the tubes in here. Seal this. Then we seal the box. So it's double sealed. But there was no packaging to save the minimum.
>> No, >> no, it's just halfway. They typically fill it up.
>> Yep. Thank you.
>> Y just want to invert invert. Get that powder mixed in.
>> Sometimes the powder can be stubborn depending on how >> tubes are kind of thick, so giving them a little tap is okay.
>> Mhm. Um, it sometimes it just takes some time to get that >> depending on how they're thick their blood is or a little swirl. If >> they're dehydrated, it's a little bit thicker.
>> Mhm.
>> And do you have a regular?
Yeah.
>> Yep. So, just initial and here is just the collectors.
>> Take a gel doesn't work.
>> It just smears. And then I have her check whatever one you are.
So depending on phbotomaster tech and you sign it and then just print it so I can read it for the report and sometimes depending on who does the draw or what department sometimes I have to fill something out and every department is different.
>> Sure.
And then I usually make a copy after they sign it because then we we have it >> all his information and then Yeah.
>> Okay.
>> So I'll sign I sign it and then you guys take it. Cool. I'll show you.
>> And then did you label the tubes?
>> Yep. Perfect. And then they take care.
>> Yep.
Sometimes some officers will have you fill out some part of the paperwork, but they are usually in charge of filling all of that out.
>> Okay.
>> All right. Right back up. Perfect.
>> Thank you.
>> Thank you.
>> Just keep that on there for a while.
Which one do you work tomorrow?
indulge tonight or go home.
>> Thank you. Thank you.
>> Hold on one second.
>> Finish doing what I'm doing for you.
>> Don't forget anything.
The blood sugar is good. That's good.
>> A little ice.
>> Little eye. Yeah. But not >> not too bad.
>> Not bad. I realized they would give you something.
>> It's supposed to be 90. So, >> yeah. Um >> 112 is the highest it's supposed to be for me.
What >> you say? So, we won't make graduation.
Um per my policy, I have to bring you to jail.
It's my discretion whether I hold you till Monday or not, cuz this isn't your first DWI. It's your second. Correct. So third degree, you're not. If >> I can have someone come pick me up, will you let me go >> in the morning? It's about the best I can do.
>> I can't get to work tomorrow.
>> Can somebody pick you up before or on the way?
>> Tonight they can come get me tonight.
>> So they always hold for 12 hours at 7:00 p.m. But I can do cuz what they usually do in the mornings cuz it's it's all in the jail time. Otherwise, you'd have to wait till 11:00 to see a judge. We're not going to do that.
Um, you won't be there by 6:00 cuz I doubt the jail will release you before breakfast just cuz they have so much so can come get me tonight.
>> I can't. No.
>> Earlier you said you thought you could.
>> So that somebody would have to get you at what time? What time can somebody be here?
>> They can be here in an hour and a half, maybe sooner.
>> Cuz your car is towed. It's at ris towing. So you can't drive.
>> So >> where would they be coming from?
>> Uh Elbow Lake.
>> And that's how far from Little Falls?
About an hour?
>> Only an hour.
>> Cuz I have to technically release you to a sober party. Um but I can't have you riding along for an hour.
>> Can't just drop you off somewhere. So, >> please just release me.
>> Who would So, this is Here's the thing.
We're set that it's between you and I.
Um, I'm already one doing you a huge favor by not holding you till Monday cuz it's a DWI.
Can you be late tomorrow morning?
>> Because [clears throat] I have to release you to a sober party, but I can't sit around and wait for an hour and a half for somebody to come get you.
And the jail's not going to sit there for an hour.
>> So, the best I can do >> is they'll release you tomorrow morning at 6:30.
>> If Dan can be here in a half hour from Alexandria, can you come pick me up?
>> My coworker Dan, if I can get a hold of my a coworker to come pick me up from Alec, will you release me tonight, please?
>> Is your mailing address correct?
>> Yes.
>> Okay.
>> In [clears throat] Alic? Yes.
>> So, when's the last time we took our aderall?
>> This morning at 6:00 a.m.
>> Okay. When is the last time we used math or controlled substance? July 7, 2020.
>> So, why am I seeing so many signs of stimulant use?
>> I don't I don't know. I I don't know. I don't know what you're seeing.
>> Okay. So, we're not taking our Adderall as prescribed.
>> I am. I take it.
>> You have a pill and a half in there?
>> You're not taking it daily?
[clears throat] >> Honesty.
>> It's over a month and a half prescription and I still got some left.
>> I see that.
>> So, it's not pill and a half, which you're not supposed to have any halves, right?
So, what are we doing without it? Taking it a pill into a half at a time sometimes.
>> Mhm. [clears throat] Never.
>> Okay. So, can your friend come get you tomorrow morning at 6:30?
>> That'd be working.
>> That's what I can do. Somebody's got to come get you in the morning.
>> Really?
>> Yes.
[sighs and gasps] >> Is there somebody that can line that up at least so I won't have to >> I can have Sally come and pick me up tomorrow morning at 6:30.
>> Okay. And we'll see. We'll ask the jail staff because it should be the night crew if they would release you any sooner than that.
>> Okay. Before >> we can ask, but I can't guarantee it.
>> Okay.
>> Does that work?
>> Yes, please.
>> That's the best I can do. Otherwise, you'd have to stay till Monday, and I don't want to do that to you. You've been cooperative with me.
>> Okay. Now, I can have someone here in the morning to pick me up.
>> Okay. So, when we get to the jail, we'll ask [clears throat] to see if they would be willing to release you at 5:00 to maybe get you to work on time. Okay.
>> If they say no, they say no. If they say 6:30 after breakfast, that's the answer.
>> Okay.
>> You can respect that with them.
>> There you go.
>> Okay. Um I'm just going to cuff you in the front again just because you got to be cuffed.
>> I'm going to have to use my my phone, but I really don't want to give up my my passcode to you guys.
>> That I wasn't going to use it for your passcode. I don't >> Can I Can I get Can I get in my phone?
>> You can get a number off of your phone when you're in the jail, but that's the best. We You can't have your phone.
>> Okay. Well, I mean, can I make a call >> off of their phone?
>> Off their phone?
>> Yep.
>> With my phone? Nope. That's jail policy.
>> Okay.
>> They're not there anymore.
>> I got your wallet. I put your money in it. Um your phone and your clothes. You can just put that in the They'll just keep it for you. Um yes, that's best I can do. And then you can call your friend and we'll ask if you can get released sooner than the 12 hours or 6 hours, whatever it is, cuz they have their own rules, too. So, I can't promise you something and then they get mad at me.
>> Is it 6 hours? They'll let me go.
>> Well, it's usually 12 hours. Any chance?
>> No, I said 6:00 a.m. Any chance? Just All right.
How's it temp yet?
>> Good.
>> Okay.
>> 64 brainer.
>> License status valid. NCIC person clear.
NCIC I'm in roll.
>> What would you have here on your phone that you don't want anybody to see?
>> No, I just don't want anybody.
>> License status. NCIC person clear. CIC clear.
Case details. Pretext for stop. cracked windshield and inoperable passenger side brake light under an anonymous driving tip. The specialist fallacy. Converting a commercial driver's physical burnout and diabetic sugar spike into a stimulant DBUI arrest via a delayed blood warrant. Legal violations. Abuse of [music] law enforcement discretion.
Exploitation of subjective metrics.
Excessive administrative delay costing a citizen's livelihood.
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