Alright, sir. I'm Officer Lightfoot of the Port Orange Police Department. The time is 1:26 in the morning. We are located at Commonwealth and Ridgewood. Mr. Allen Tram, I am conducting a criminal investigation.

Your voice and actions are being recorded for court presentation by Officer Calenda. Do you understand?

Please state your name, your address, your height, and weight.

Please say your address, your height, your weight.

Please say your eye color, your age, your date of birth.

Do you have any problems with your back?

I'm going to demonstrate some field sobriety exercises and then ask you to perform them the same way I demonstrate them to you. Do not begin until I tell you to begin. Part of my determination of whether you are intoxicated is your ability to follow instructions. Do you understand?

Will you attempt these exercises?

No?

Do you understand that refusing to take these exercises can be used against you in court?

You don't understand?

I'm not asking you to talk to me. I'm asking if you will be willing to attempt the exercises.

I need you to say yes, you will, or no, you won't.

I'm not gonna keep asking you. That's not how this works.

Sir, it is yes, I would like to attempt the exercises, or no, I would not.

Okay, so now we're moving on.

I am now requesting that you submit to a lawful test of breath for the purpose of determining its alcohol content. Will you take the test?

I cannot tell you whether you can or cannot. I am requesting. A request is not a demand.

I am requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content.

Will you take the test? Yes or no?

So no?

It's not a lawyer thing. It's yes or no.

You don't get an attorney right now.

You have to decide for yourself.

Okay, so it's a refusal.

If you refuse to take the test I have requested of you, your driving privilege will be suspended for a period of one year for a first refusal.

Additionally, if you refuse to take the test I have requested of you, you will be committing a misdemeanor in the second degree if this is your first refusal.

If your driving privilege has been previously suspended, or if you have been previously fined for refusal to submit to a lawful test of your breath, urine, or blood, your driving privilege will be suspended for a period of eighteen months.

Refusal to submit to a test I have requested is admissible as evidence in any criminal proceeding.

Do you understand what I just read?

Okay. Are you still refusing?

You're being placed under arrest.