When stopped and questioned, Hernandez denied being drunk–despite the strong odor of alcohol and the half-empty bottle of Corona in his passenger foot well. He claimed that he'd had a drink thirteen hours previously. When asked why he didn't stop, he stated that he believed that the officer at the crash scene was simply waving at him.
Not buying it, the officer asked Hernandez to step out of the car and attempted to administer a field sobriety test. Hernandez became increasingly belligerent and refused to take the walking portion of the sobriety test. The officer, having had enough of Hernandez's attitude, proceeded to arrest the alleged drunk driver.
Hernandez was cuffed and placed in the officer's cruiser, where he also refused to take a breathalyzer test. Once in the cruiser, Hernandez changed tack and tried to negotiate himself out of his predicament. He offered the arresting officer all of the money he had on him, about $400, and some beers if the officer would set him free. Failing that, he lobbied for a reduction in charges from DUI to something lighter, like "super speeding". Unbeknownst to Hernandez, his futile attempts to get out of his charges were recorded on the arresting officer's body cam, giving Marietta police more evidence against him.
Hernandez was taken to jail and faces numerous charges, including DUI, bribery, open container, reckless driving, and failure to obey authorized persons directing traffic. When contacted by 11 Alive, Hernandez refused to speak on record and told the station that his attorney had advised him not to comment on the case. Hernandez later told the Atlanta Journal-Constitution that he doesn't remember trying to bribe the officer.