Swerving Driver: ‘I Know You’re Going to Arrest Me.’

WARWICK, RI — Officer Ryan Shibley spotted a 2008 Toyota Tundra headed north on Warwick Avenue hit the curb turning onto Airport Road and swerving March 8 at 8:17 p.m., stopped it and arrested the swerving driver on a DUI charge.

Shibley began following the Tundra on Airport Road, watching as it swerved out of its lane three times, stopping it near the intersection of Hallene Road, identifying the driver as Raymond Giard, 50, of 561 Putnam Pike, Smithfield, RI, according to the officer’s report.

Shibley reported immediately smelling a strong odor of alcohol on Giard’s breath, as well as noticing his flushed face, bloodshot eyes and slurred speech. The officer asked where he was coming from, where he was headed and how much he’d had to drink.

Giard said he’d left Sports Legends Sport Bar on West Shore Road, and that he was headed home in Smithfield. He said he’d had two rum and Cokes.

Shibley asked for his license, registration and proof of insurance, but Giard said he was, ‘Not going to be able to give you any of that,’ according to the officer’s report, since he did not have a driver’s license. He did provide a Massachusetts ID card.

At that moment, Shibley noticed what was apparently a cup of beer in Giard’s center console, and asked him again how much he’d drank that night, to which Giard replied, “I know you’re going to arrest me,” according to the report.

Shibley asked him to perform sobriety tests, but Giard refused, the officer reported. He then asked Giard to step from the Toyota, which he did, swaying as he stood. Shibley led him to a clear area of the lot they were stopped at and asked Giard to perform the tests again, which the driver refused a second time. He refused a third time when Shibley asked him to cooperate with a vision test.

Shibley arrested Giard on suspicion of driving under the influence of alcohol, and transported him to Warwick Police Headquarters, 99 Veterans Memorial Drive, where he also refused to take a breath test of his blood alcohol content.

Shibley charged Giard with DUI, first offense, blood alcohol unknown, and driving on a suspended license, and also cited him for refusing the breath test, lane violations and possession of more than 1 ounce of marijuana.