Two Beers, Three Beers, a few Beers - Woman Unsure During DUI Arrest | Blue Patrol Bodycam

Around 3:16 AM on May 23, 2021, Patrolman Travis Dilts and Patrolman Rueger were dispatched to the scene of an accident at Monroe Avenue and North 19th Street in Kenilworth, New Jersey. Upon arrival, Patrolman Dilts saw that the front passenger side of the gray Volkswagen had sustained damages, and the tire had come off the rim. There was also heavy damage to the front bumper. Once Patrolman Rueger arrived on scene, Patrolman Dilts asked him to see if any parked vehicles in the immediate vicinity may have sustained damages. Patrolman traced the indentation marks back to another vehicle on Cross Street which had sustained heavy damages to the driver side.

As Patrolman Dilts approached the Volkswage, Gabriela Tavares exited the driver’s seat. He detected the strong odor of an alcoholic beverage emanating from her, and he also noticed that her eyes were bloodshot and watery. Her speech was slurred and she seemed to have difficulty maintaining her balance. When he asked Tavares whether or not she had been drinking, she initially responded that she had been drinking a little. Then she admitted to having two beers, then three beers, before she subsequently admitted to having “a few” beers although she was unsure how many.

Based on the suspicion of intoxication, Tavares was afforded an opportunity to participate in standardized field sobriety tests. The first test was the Horizontal Gaze Nystagmus (HGN) test, where the officer observed the lack of smooth pursuit, sustained nystagmus at maximum deviation, and nystagmus prior to 45 degrees. During the Walk and Turn test, Tavares continued to lose her balance and keep her arms at her sides. She failed to walk heel-to-toe and walked more steps than she counted. When the final One Leg Stand test was administered, Tavares was unable to keep her leg straight and maintain her balance.

Based on her performance during the field sobriety tests and the officer’s suspicion of intoxication, Tavares was placed under arrest for driving under the influence. During her transport to Police HQ, Tavares was very talkative and apologetic. Once she was at Police HQ, Tavares agreed to provide breath samples. Once the tests were administered at the alcotest machine, Tavares provided two adequate breath samples, and the results showed a BAC of 0.14%.

After she was processed, Tavares was released to her father at 4:45 AM after he signed the Potential Liability Waiver. She was given a municipal court date of June 2, 2021 with the following summonses: Driving While Intoxicated, Failure to Report an Accident, Leaving the Scene of an Accident, and Careless Driving.