On 11/01/2025, while assigned to marked unit East-4, I responded with East-3 (Officer N. Moreira) and East-1 (Officer Romero) to Sydney Street, for reports of a motor vehicle accident. The RP told dispatch they believed the operator was intoxicated. Upon my arrival I found Mr. XXXX and Mr. Sergio Benevides in the street. Mr. XXXX was pointing at Mr. Benavides and saying he was "all fucked up" and that he had to stop Mr. Benavides from leaving. Mr. Benavides was leaning on what would be later determined to be his car (MA reg XXXX). Mr. Benavides stated that he wasn't trying to leave and that if he had to be arrested for drunk driving it's fine, but he wasn't trying to leave. I lead Mr. XXXX away from Mr. Benavides to diffuse the situation between them. During this time Mr. XXXX stated that he had to reach into the car to turn the car off to stop Mr. Benavides from leaving and that he tried to back up but couldn't. I would note that I noticed the tires on the driver's side to be flat, with the front one appearing to have a large gash in it. There also appeared to be fresh damage down the driver's side of the car. There was no damage to the second vehicle and was just tapped in the rear bumper. I asked Mr. XXXX if he witnessed Mr. Benavides hit the car and he said no, his neighbors told him and he came out to see what happened. Then he saw Mr. Benavides trying to move his car and believed he was fleeing.

    I next spoke to Mr. Benavides. I asked what had happened and he said he parked his car and Mr. XXXX started yelling at him. I asked him about the damage to his car and he did not know how it came to be there. I asked for his license and registration for the alleged accident. During this time I noticed Mr. Benavides had been using the car for balance and when moving he was unsteady on his feet. I noticed his eyes to be red and glassy. His speech was slurred and when I got closer to him I could smell the odor of an alcoholic beverage on his breath.

    When giving me his license and registration he was insisting on showing me his paperwork for the car. I told him I only needed the license and registration. He told me what I believed to be that he was looking for the registration, but I told him he already handed it to me. During our interaction I asked where he had been coming from. He told me a wedding on the north shore. I asked if he had been drinking at the wedding and he stated yes. I asked how many drinks he had and he stated three. I asked what he had to drink, to which he said he had some cocktails. When prompted he specified that he had been drinking Manhattans. I asked if he would submit to field sobriety tests and Mr. Benavides agreed. He informed me he didn't want to do any of the physical tests or walk around. I asked what he meant and he stated he only wanted to blow into the machine. I asked why and he stated because it would give a number instead of just tests. I retrieved my department issued PBT (Intoximeters Alco-Sensor FST, Serial number 311362). I prompted Mr. Benavides to perform the field sobriety tests and he refused, only wanting to use the PBT. He subsequently blew a .164 BAC. During this time we had moved to the other side of the vehicle and Mr. Benavides has parked on the sidewalk with the back half of the car over the curb.

     I requested the detainee transport vehicle (Unit-200) Officer R. Lavey III transported Mr. Benavides back to the station where he was booked in the usual manner by Lieutenant Isodoro.

    Mr. Benavides agreed to take the breathalyzer and during this he refused. Mr. Benavides had done the first breath sample, however as with the rest of his booking he attempted to delay the process. When I advised him to provide the second sample he told me to wait as he was reading something on the wall advising officers how to use the machine. I told him I would not wait and this is how the machine works. I explained I would give him three seconds to give the sample or I would process it as a refusal. I gave Mr. Benevides one last chance to provide the sample and he did not so the test became a refusal. I processed said refusal and Mr. Benevides' license was seized. A copy of the refusal was put into his property and he was advised of his license suspension. I also included into his property after he was shown it, MA uniform citation number T3483141.

     All OUI documentation will be placed into evidence. I will also be attaching photos of the damage to Mr. Benevides' vehicle to this report.

     Respectfully submitted,

     Officer Christopher Fusco #328