Refusing the Breath Test Was Only the Beginning… | REACTION

Ajouté : 2026-05-22

[00:00:04]Good morning, good afternoon, good evening, my zokians and hopeful future zokian. We're going to dive down another body cam footage of course um react to it, commentate and add our two cents.

[00:00:16]And this one reads, "You're attacking us.

[00:00:20]Woman's DUI resistance leads to absolute body charges, body cam analysis, and more. and we're going to watch it from a YouTube channel called Reality Check Cam. So, grab a chair, get comfortable. Also, don't forget to subscribe to my YouTube channel by hitting that wiper icon that says subscribe. Hit the bell icon next to it.

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[00:00:53]We're trying to get to 100K, so tell your friends, tell your family. I mean, heck, give it to your dog and see if they enjoy it. I have dog fans. Um, I think I have cat fans as well. Um, [laughter] and then also, like I said, go over to to reality check cams, give them some love. You know the deal. And let's get into the video.

[00:01:12]>> Escalated from field sobriety testing to physical resistance. The interaction illustrates critical legal principles about citizen rights during DUI stops in the boundaries of lawful conduct. This case raises questions about test refusal rights, administrative consequences, and physical resistance to arrest.

[00:01:30]>> Okay, so this is going to sound like a doozy.

[00:01:33]>> What is the person driving?

[00:01:37]>> You can definitely tell a lot about what kind of vehicle somebody drives.

[00:01:44][clears throat] >> Look at these two right here. They're already smiling. They're like, "This is a doozy, dude."

[00:01:51]Okay, we got a BMW. Oh, >> I I guess I was back and everything on that >> Who are you looking at?

[00:02:07]>> Who's writing that crash report?

[00:02:09]>> Uh, >> oh, she did get a crash.

[00:02:13]>> Hang on one second.

[00:02:17]I thought you >> Who's writing the cr Who's writing the crash report? Who how much damage you guys putting for the the vehicles?

[00:02:26]>> That's all we talking about.

[00:02:29]>> So So are we writing a crash report on this or what's the decision from there?

[00:02:33]I just need to know because it'll affect how I move move forward. Okay. If you're not going to write one, that's fine. On my end, I don't care. That's for me. It doesn't matter.

[00:02:44]So, there's a crash incident report.

[00:02:48]There's a DUI incident report.

[00:02:50][laughter] Look at this guy over here on the left side. He's already grinning.

[00:02:55]>> This guy was grinning.

[00:03:03]>> Not me.

[00:03:06]So, we got one, two, three.

[00:03:08]>> Yeah. Let me know. Four.

[00:03:12]>> Six. Seven. Seven officers.

[00:03:28]>> Oh, it's in Florida.

[00:03:32]I'm not seeing much damage.

[00:03:45]No crash, sir. No crash.

[00:03:46]>> No crash. All right.

[00:03:48]>> No crash.

[00:03:51]>> I got it. Okay.

[00:03:52]>> Hello.

[00:03:53]>> How are you?

[00:03:53]>> Good. How are you doing?

[00:03:54]>> I'm fine.

[00:03:55]>> What's your first name?

[00:03:56]>> Elsie.

[00:03:57]>> Elsie. Okay. There's no Monster Bar.

[00:03:59]>> Is this Catwoman?

[00:04:01]Obviously, these officers called me here because they concerned maybe you had something to drink tonight. That was probably maybe more than two hours ago.

[00:04:09]>> Oh, was it?

[00:04:09]>> Yes.

[00:04:09]>> What did you have?

[00:04:11]>> Well, it's almost 11. So, >> I took maybe half a beer.

[00:04:17]>> That was it.

[00:04:18]>> Who drinks half a beer?

[00:04:20]>> Come on.

[00:04:21]>> That was it.

[00:04:22]>> Okay. Are you on any medication?

[00:04:24]>> No, sir.

[00:04:24]>> Okay. Do you mind stepping out for me?

[00:04:26]Come on over here.

[00:04:29]>> You have any uh anything that could go wrong with you?

[00:04:32]Wow, she is all sassy.

[00:04:34]>> Your legs, your back, your knees?

[00:04:36]>> Nope.

[00:04:36]>> And you said you're not on any medications right now?

[00:04:39]>> This woman looks like a boss, lady.

[00:04:41]>> I'm good.

[00:04:42]>> You on medication for that?

[00:04:43]>> I not tonight. I only take it when needed.

[00:04:47]>> Okay. Do you wear contacts?

[00:04:48]>> I wear glasses.

[00:04:49]>> All right. Can you stand with your feet together like this? Arms.

[00:04:52]>> What I'd like to do is begin by checking your eyes.

[00:04:57]>> Okay.

[00:04:58]>> See the red light here in front of you?

[00:05:00]>> Absolutely. What I want you to do is follow that light with your eyes.

[00:05:03]Keeping your head still as I move that light back and forth.

[00:05:05]>> See how her eyes.

[00:05:09]>> Keep your head still.

[00:05:11]Every time you say keep your head still and they What the I'm trying to learn like the whole like if it's jittery or if it's like Oh, she's not even doing it.

[00:05:33]See, then she looks at him.

[00:05:36]Then she comes across again.

[00:05:42]Then she looks at him. Well, not at this one.

[00:05:48]He's doing this.

[00:06:05]Ready?

[00:06:17]I bet his job is super busy.

[00:06:25]And that's a some eyelashes. Holy crap.

[00:06:29]I thought But again, it's whatever the woman wants to put on.

[00:06:40]>> There's a couple other exercises I'd like you to do. Okay. You want to do those for me?

[00:06:44]>> Absolutely.

[00:06:45]>> All right. Come on down here.

[00:06:47]So, we'll use this white line right here as a line to walk down.

[00:06:50]>> Okay.

[00:06:50]>> I'm going to give you some instructions.

[00:06:52]I'll show you how to do it.

[00:06:53]>> Okay.

[00:06:54]>> And then after I do all of that, you can ask questions. Okay? I just prefer you don't ask questions while I'm giving the instructions cuz it's kind of hard for me to stop. All right? So, while I'm doing all of that, what I would like you to do is stand with your left foot at the very beginning of the line. Then take your right foot, place it in front of your left foot, so it touches heel to toe. Make sure both feet are on the line and one directly in front of the other.

[00:07:14]Place your arms to your side. Now, don't begin walking until I tell you to start.

[00:07:18]Okay?

[00:07:18]>> Okay?

[00:07:19]>> So, when I tell you to, I want you to take nine heel totoe steps, counting your steps out loud as you walk down the line. Okay?

[00:07:25]>> Turn around and then walk back down the line. Nine heel to toe steps counting your steps out loud.

[00:07:30]>> Okay? So your first step will be number one and each step needs to be heel to toe like this. One, two, three, and so on until you get to nine.

[00:07:39]>> On your ninth step, I want you to leave your front foot on the line. Remove only your back foot, taking a series of small steps to complete a turn, just like this. And then you walk back down the line. Nine heel to toe steps, counting your steps out loud. One, two, three, and so on until you get to nine.

[00:07:57]Okay. So, straight down, slowly turn, come down.

[00:08:01]>> Exactly.

[00:08:01]>> Count out loud.

[00:08:02]>> Exactly. So, or is the next one?

[00:08:06]>> So, your first step will be number one.

[00:08:08]>> This one, >> your first step will be number one.

[00:08:11]>> Okay. So, while I'd like you to look at your feet as you walk, count your steps out loud, keeping your arms down to your side, just like this. Don't stop walking until you've completely finished this.

[00:08:22]>> Okay. Do you have any other questions?

[00:08:24]>> No. Straight down. Slow turn back to you. No questions.

[00:08:30]>> Okay, you can begin then if you understand.

[00:08:32]>> Okay, let's see.

[00:08:33]>> One.

[00:08:34]>> Come on.

[00:08:35]>> Eight.

[00:08:37]>> 3 4 5 6 7 >> 8 9 Well, >> she's she listened. 1.

[00:08:55]2 3 4 5 6 7 8 nine.

[00:09:08]>> Okay. Next, what I want you to do is stand with your feet together.

[00:09:10]>> I'm not going to lie, compared to the ones we've seen before, she did actually pretty good. But I don't think she passed.

[00:09:15]>> Other arms down to your side. You can forget about this line. We're not going to use it. Okay? I don't want you to do anything until I tell you right now, okay? I'm just going to show you how to do this and explain everything. Okay.

[00:09:23]So, when I tell you to, I want you to raise one leg. Doesn't matter which one.

[00:09:27]I'm going to raise my left leg just cuz that's what I like to do. Raise it so it's about 6 in off of the ground. Point your toe straight out. Look at that foot and count out loud. 1,00 1,002 1,003 and so on until I tell you to stop. Okay? Make sure you keep both legs straight. Don't bend them at the knee.

[00:09:44]And if >> just a curiosity, how does she pee? [laughter] Does she have to disrobe everything? And that's what my my my scare would be is because I can't pee fast enough in this outfit. I had a onesie on for Christmas like three years ago when we went to Great Wolf Lodge. I almost thought I was going to pee my pants because the one thing I was I'm trying to get it off so I could pee.

[00:10:12]>> You put your foot down.

[00:10:13]>> Yeah.

[00:10:14]>> Just pick it back up and continue counting from where you left off.

[00:10:17]>> You won't need to balance right now.

[00:10:20]>> Okay. Is that a problem?

[00:10:22]>> No, we're working out.

[00:10:25]>> Well, you see me doing it.

[00:10:27]>> Working out.

[00:10:28]>> You're a cop.

[00:10:29]>> Doesn't mean anything.

[00:10:30]>> Let's do it.

[00:10:31]>> All right.

[00:10:32]>> All right.

[00:10:32]>> Do you have any questions on how to do it?

[00:10:34]>> No. You just told me raise leg. So, you count. If I put my leg down, stop.

[00:10:40]>> So, you tell me. Keep counting.

[00:10:41]>> Well, if you put your if you put your foot down, I want you to pick it back up and continue counting um from where you left off. And you do that all on your own. Okay.

[00:10:48]>> Okay. 1001. You want me to count by thousand?

[00:10:50]>> Yeah. 10001 10002, etc. Yep. Any other questions?

[00:10:53]>> This girl has Latina. Oh, nothing against Latinos, okay? I've dated a couple Latinas, but they uh >> N.

[00:11:04]>> Okay. And begin when you're ready.

[00:11:05]>> I mean, it's been since college days, but >> Oh, she's wearing Jordans.

[00:11:10]>> 100.

[00:11:10]>> Make sure you're looking at your foot. 2 1,003 1,004, 105, 106, 107, 108, 109, 10,100 Make sure you're looking at your foot.

[00:11:27]>> 1,345 1,67,800 >> All right, you can stop. Go ahead and put your foot down and put your arms behind your back.

[00:11:42]>> Wow, that was fast.

[00:11:47]>> DUI for what?

[00:11:50]>> Driving under the influence.

[00:11:53]>> Yeah, she's one of the better ones that was able to do it, but >> still failed. Do >> you have anything?

[00:12:04]>> Where does the battery come?

[00:12:05]>> Well, you did the exercises. You just didn't perform them how I asked you to.

[00:12:08]There's a lot of impairment that I observed during that leads me to believe you've been drinking a lot more than you you're telling me.

[00:12:13]>> Half a beer.

[00:12:14]>> When we get down to the jail, I am going to ask you to do a breath test. Are you willing to do that?

[00:12:17]>> Nope.

[00:12:19]>> You don't have anything hidden on you, do you?

[00:12:21]>> Okay. Do you carry anything? Do you carry anything in your in your top? Any any cash? I Okay. Making sure >> there was not but okay.

[00:12:35]All right, just stand right here. Face the car.

[00:12:42]>> Well, she's arrested and it's halfway through, so I guarantee it's going to start picking up here.

[00:12:49]>> We're going to get the female officer over here to pat her down or what's going on?

[00:12:54]>> I know. We got to make sure.

[00:13:04]No, don't impound my car. There's people in there. They can drive it. No, >> we have to the car is in your name. We don't have a choice.

[00:13:11]>> But I have people in there. I don't even live over here. Like, >> that was a whole act.

[00:13:16]>> Do you want to hear what I have to say or not?

[00:13:18]>> No, because what you want to impound my car for once.

[00:13:23]Like there's people in the car that can literally take my car where it needs to go. Like you guys >> Well, this is a female officer. My bad.

[00:13:31]>> Barely even parked that damn car.

[00:13:34]>> I've been more than >> Okay, come over here.

[00:13:37]>> respectful. No, cuz I've been more than respectful. And >> you have? I appreciate that.

[00:13:40]>> I don't No, but can we talk?

[00:13:44]>> Well, you said you didn't want to hear what I had to say. Well, let's listen to it because there's no way. I don't even live over here and have them impound my car.

[00:13:52]>> We have to by by our policy. We can't release people here.

[00:13:55]>> I'm trying to tell you I'm trying to tell you something. Have a seat. You don't want to listen to me. So, >> girlfriend, >> don't get an attitude.

[00:14:03]>> No, because you know what? I've been sit in Sit in the car. Sit in the car or sit in the car or I'm gonna put you in the car.

[00:14:09]>> I'm sitting in the car and I'm trying to have a conversation. Say you're not really sitting in the car. You're just kind of in limbo.

[00:14:17]>> No, I'm trying to hop.

[00:14:18]>> Stand up. We're going to put you in the car if you don't.

[00:14:24]>> Oh, she's kicking.

[00:14:26]>> Touching on the car.

[00:14:29]>> Catching on for what?

[00:14:31]>> Battery.

[00:14:31]>> Battery for what? I haven't touched none of you guys.

[00:14:35]>> The Supreme Court ruled in Birfield versus North Dakota in 2016 that breath tests are fourth amendment searches.

[00:14:41]While criminal penalties for refusal are unconstitutional.

[00:14:44]>> Oh, this is in North D. Wait, this is North Dakota.

[00:14:49]We're in Florida.

[00:14:51]>> Administrative penalties remain valid and enforceable. A first breath test refusal triggers a 12-month license suspension that operates independently from criminal prosecution. This administrative consequence cannot be avoided even if the DUI charge results in complete acquitt.

[00:15:12]She fighting them.

[00:15:14]>> Yep, she is. She's trying to make it so they can't >> see. They're in in Florida.

[00:15:26]>> I'll go see if she has any like wallet or phone.

[00:15:29]>> Yeah.

[00:15:41]What is that?

[00:15:48]>> I'm guessing the friends have been drinking that they can't take the the car and park it.

[00:15:53]>> Whoops.

[00:15:56]>> I won't take the whole horse. Uh just credit cards, nothing else. Credit cards are cash. Nothing else.

[00:16:13]Oh, it's an evidence bag.

[00:16:14]>> I got counter.

[00:16:17]>> Good gravy.

[00:16:20]>> Holy buckets.

[00:16:28]And this girl was definitely enjoying her sales.

[00:16:32]Nothing wrong with that. But Lincoln, we don't got a bed from Benjamin's. Come on.

[00:16:44]Do you have Benjamins in there?

[00:16:47]Hamilton's.

[00:16:53]I don't think I saw any Washingtons.

[00:17:00]I think they're also looking to make sure that there's no drugs >> cuz sometimes people like to do a little >> me choice.

[00:17:13]>> All right, I'm going to get out of here.

[00:17:14]Thank you.

[00:17:19]Oh, if you would. Um, >> if she's talking.

[00:17:30]She's not talking.

[00:17:33]She's remain silent.

[00:17:40]>> Almost midnight.

[00:17:41]>> I have it in a in a bag.

[00:17:54]672 1097 8052.

[00:18:09]>> You'll have a bond.

[00:18:12]Did >> they give you my purse?

[00:18:14]>> Yeah.

[00:18:15]Fantastic.

[00:18:19]>> So, she'll have a bond, which is probably between 500 and a,000. She's got to pay 10%, so between 100 to5 or $50.

[00:18:26]>> Can I call my attorney?

[00:18:28]>> Yeah. When you get inside, you can >> Yeah.

[00:18:34]>> You know, you >> Somebody said you didn't want to take the breath test.

[00:18:36]>> I am not going to.

[00:18:38]>> All right. I do have to read you something by law, >> Miranda. So, if you refuse to take the test, I've requested of you, your driving privilege will be suspended for a period of one year for a first refusal or 18 months if your driving privilege has been previously suspended for refusing to submit to a lawful test of your breath, urine, or blood.

[00:18:58]>> She's arguing the police.

[00:19:15]They had a female booking.

[00:19:20]>> Thanks.

[00:19:22]>> I wonder how many arrests they get like at a certain >> second is additionally if you refuse to take the test I've requested of you and if your driving privilege has been previously suspended. I've heard usually officers are on like a in a populated area, they're usually about 10 to 12 hour shifts. I could be wrong. I mean, the ones that we have, they're 8 to 10, but um if you're a cop, definitely let me know uh within reason. Don't tell me like policies or anything, but I'm just kind of curious for those that is it a 12-h hour shift? How many arrests do you think you get? Just kind of generic questions.

[00:19:58]>> For refusal to submit to lawful test of your breath, urine, or blood, you will be committing a misdemeanor. in addition to any other penalties which can be imposed by law. So, refusing to submit to testing is admissible as evidence in a criminal proceeding >> and she kicked the officer here.

[00:20:16]>> Okay. You understand your license? You understand your license is going to be suspended for a year?

[00:20:24]The officer receives an A minus for professional and legally sound conduct with only minor communication deficiency test administration was textbook following standardized protocols with clear patient instructions. When confronted with physical resistance, he used minimum necessary force under Graham versus Connor standards. However, he could have more clearly explained breath test refusal consequences before arrest to ensure subject understanding.

[00:20:49]The subject receives a D+ because her escal >> Oh, she got the D plusation to physical resistance transformed a DUI investigation into multiple charges.

[00:20:58]While she initially cooperated with field sobriety testing, her decision to physically resist arrest crossed clear legal lines. Battery on law enforcement required her intentional physical contact with officers during lawful performance of duty. Any physical contact during resistance to lawful arrest, regardless of how minor, can constitute this felony offense. Lesson one, you have the constitutional right to refuse field sobriety tests without criminal penalty. However, refusal may still contribute to probable cause for arrest and can be mentioned in court proceedings. Lesson two, Brett, >> you know how you don't do have to deal with this? You don't drink and drive.

[00:21:33]>> Test refusal triggers automatic 12-month license suspension regardless of criminal case outcome. This is an administrative penalty, not a criminal one, and applies even if you are never convicted of DUI. Lesson three. You never have the right to physically resist arrest even if you believe the arrest is completely unjustified.

[00:21:49]Physical resistance adds criminal charges and creates video evidence that will be used against you in court. The proper legal response is to comply with arrest, remain silent, request an attorney, and challenge through legal channels. Let us know if there's an interaction or legal topic you'd like us to discuss in the comments below. Thank you for watching and don't forget to follow for more police interaction and legal analysis content.

[00:22:12]I like the little things that they add here where it's like an A+ or D+. They go through the actual um doctrines and so forth. I definitely do like that in this channel.

[00:22:27]I'm just going to see if she says anything or like she kick like you can do some damage with your feet. I mean, girls can kick. [laughter] Women can kick, man.

[00:22:45]And if they get get that kick perfect, they can land it in your gonads.

[00:23:06]Oh, he's got to take the whole computer.

[00:23:12]What's going on?

[00:23:25]Wow.

[00:23:29]Oh, he just puts it right in his back of his truck and he's got it unmarked.

[00:23:35]>> Come on out.

[00:23:36]If you would just stand right here for me.

[00:23:39]>> All right. See the doors uh right here to your right. We'll go walk right to that door.

[00:23:43]>> I got it. I've got a I didn't bring your own purse. Oh, you pressed like that.

[00:23:50]>> Got your cash, too.

[00:23:52]>> We don't leave that kind of stuff in the car.

[00:23:56]>> 85 and cuff.

[00:23:59]They just need to do this one to get it up in up in that uh jail house. But again, not too bad of a a DUI stop. I've we've seen worse, but again, don't be kicking the the officer and get um more charges upon your DUI, get battery on an officer, that can't be good. Um and how this all could have been avoided is to not drink and drive. Uh, make sure you guys uh plan ahead. Ask for your boyfriends or if you are married um and you are the male and you call your wife or get a new Uber, walk home. I mean, not a lot of people. I've I've walked home before and man, it's a it's a long trip. [laughter] I had my college days. Okay, but anyways, uh definitely leave your comments and thoughts down below. Not the worst like explosion, but just a little riff raff. Um, I don't know why the the title reads um they're attacking us part. I I think I thought I heard her saying something to that effect, but I couldn't I didn't hear that specifically, but I thought she's like you don't have to uh be so like hard kind of thing like with the arresting part. like he I wasn't expecting him to just like jump in there after the the foot thing and just go, "Okay, he just went right after her."

[00:25:27]Um, again, your thoughts and opinions down below. Um, hit the bell icon once you guys have subscribed, like, and we'll see you guys in the next one. Take care. God bless, and keep nerding on, and we'll see you guys in the next one.

[00:25:39]Peace.

[00:25:49]>> [music] [music]