DENVER -- Colorado's legislator who recently pleaded guilty to charges of driving under the influence is pictured in a recently obtained video from Denver police.
Authorities pulled over Rep. Dan Pabon, D-Denver, after he ran a stop light. On video, Pabon is seen fumbling for insurance and performing several tests for the officer before he is arrested and charged.
Conversation between Pabon and the arresting officer can be heard on the video, recorded from the officer's body camera.
Some of the conversation can be seen below:
Pabon: About five hours."
Officer: "Five hours. Is that a normal amount?"
Pabon: "I've got a 3-year-old and a 9-month-old."
The officer had Pabon follow a light with his eyes. Then, he had him walk heel-to-toe for nine steps, turn around and walk heel-to-toe nine more steps. He then had Pabon put one foot in the air about six inches and balance. The officer said six inches is about the height of a pop can.
Officer: "Although the impairment is slight, I don't think it's really a very high impairment, OK. So I would ask is would you be willing to submit to voluntarily blowing into a PBT, it's a portable breath test, it's not an official test, nor is it admissible in court."
Officer: "If you blow under (.08) on that, you leave. If you blow, even if you're in, a little bit in the DWAI range (.04-.08), it's still not worth my time because by the time I take you to do a test, the alcohol will be out of your system."
Officer: "You're right there on the border for me, that you could be over or you could be just under."
Officer: "The readout is .112, that is verifying what I am seeing because it's a low BAC, but that is over the legal limit."
Officer: "I hate to tell you this, but I'm going to place you under arrest for suspicion of driving under the influence of alcohol. OK. I cannot let this go. It's not worth my job."
Pabon: "Is there a possibility that we can have my wife come and pick me up or a family member pick me up right now?"
Officer: "Once you're done with processing they can do so, yes."
Pabon: "No, I just mean before you…
Officer: "No, I cannot do that, no."
Officer: "It would look very bad; one, upon myself, and it would also look very bad upon yourself if we did that for you."
Pabon: "Can you put a call into your supervisor or the city attorney?"
Officer: "They will be notified because of who you are."
Pabon: "Is there anyway we can avoid this possibility? I mean, I know you've got…"
Officer: "I cannot, no."