I’m just going to have
you step out real quick. I want to make sure you’re
all right to drive home. All right? I don’t want to step out
on the highway [inaudible] I’m out here, ma’am. All right, right. You’re going to go right back
here at the back of your car, OK?
– What am I going to do? Right back over here. Yes. Right there, turn and face me. No, I’m not doing
this, absolutely not. Ma’am, you most certainly are. No, I am not. Ma’am, stand over here. I am not. – Stand over here.
– Why are you– Because I’m telling you
to stand right over here. I am not doing this. – You are doing this.
– No, I am not. OK, either that, or I’m
going to go under my suspicion, and I’m going to arrest you. OK, so are you– OK, OK, I don’t [inaudible]. OK, that’s what I figured. Stand right over here. Face me. Turn around and face me. There you go. Put your feet together.
– Yeah. OK. See my finger right here? I want you to follow it
with your eyes and your eyes only, OK?
– Yeah. Just put your
hands by your side. No, leave– You’re making me so, like– Ma’am, leave
you head straight. See the tip of my finger? I want you to follow
that with your eyes, OK? Ma’am, you’ve got to
keep your head straight. I’m trying the best I can. But you’re, like, make– OK, try it again. What am I making you do? I don’t know. You want me to
follow your finger. – With your eyes.
– Yes. Leave your head straight. Like, you’re looking straight.
– OK. So you’re following
it with your eyes. All right, so I’m
staying and looking at you. Correct, but your
eyes are going to move with the tip of my finger, OK? I think. [laughter] No, you’ve got to
keep on following it. OK, you’re making this more
difficult than it has to be. OK, but, please– I need to make sure that
you’re OK to get home. I’m OK to drive. OK, I need to know that. OK. OK? All right, so I want to look
at the finger and follow– With your eyes and
your eyes only, OK? Mm-hmm. Ma’am, keep on
looking at my finger. I’m not telling you to stop. You’ve got to follow it and
keep on following my finger. OK. Kind of like an eye
test at the doctor’s. You’re making me so nervous. OK, I don’t know why
I’m making you nervous. I don’t know, because
I’ve never done this. OK, that’s why I’m
explaining it to you, OK? I don’t know. So I have to follow it. You’re going to
follow my finger. Yes. All right, help me out, buddy. I don’t know what– I am helping you out. Keep on following
the tip of my finger. Don’t look away from the
tip of my finger, OK? Did I do it? No, what you’re
doing is making me think that you don’t
want to do the test so you get out of
not doing the test. So that’s making
me think you’re not complying with field sobriety. So here’s the thing. When you sign for your license– Yes. –it’s implied consent
that you will do this if you are under
suspicion of driving while under the influence. – OK, OK.
– OK? Yes. Am I my clear enough? – Yes, yes, yes.
– OK. I’m trying to–
I’m just– So just follow it with your
eyes and keep on following it. You’re anticipating
what I’m doing, OK? I don’t know what– So I don’t know how
else to explain it. You have to keep on
following my finger because you’re going to leave
me no choice but to place you under arrest and take you
back to the police station and let you blow in
the Intoxilyzer, which is the machine at
the police station that measures alcohol
in your breath, OK? What I want to do is I want to
make sure you’re OK to drive home, and then I’ll let you go. But until I’m satisfied,
I can’t do that. OK, so if I can’t do it– You can do it. OK, so– I’ve done this
thousands of times. OK, OK, OK. And I have to keep
my head straight. You got to keep
your head straight, and you’re following
it with your eyes. – OK.
– And your eyes only. And I’m not moving
my head at all. You keep on following
it with your eyes. OK. How am I doing with that?
All right. – OK.
– All right. So here’s the thing. I’m going to ask
you not to talk. – OK.
– Concentrate on my finger. OK, I’m not going to tell
you how you’re doing. I’m going to expect you to
just follow my finger, OK? OK, I’m trying my best. No?
– No. I don’t know what else to do. OK. So here’s the thing. We’re going to do
this one more time. And then I’m going to
have somebody come up here with a preliminary
breath test machine and see how much alcohol
is in your system. Right now, I think,
in my opinion, is that there’s
something medically that she can’t walk
the straight line. I don’t think that it’s because
she’s impaired because I would see the signs of that. I just don’t feel comfortable
letting her drive out of here, and she’s willingly
getting a ride. There is– technically,
she can’t operate the motor vehicle safely. But I don’t feel like I had
enough probable cause to place her under arrest for driving
while impaired because I didn’t see any signs of it. Being a drug recognition expert,
I’ve done this for 12 years. I’m going to use
my better judgment and not arrest her and
get her the ride home.