When deposed, Richard acknowledged drivers can refuse to take a field sobriety test, though they can face penalties later for their refusal.

But the deputy then said he ordered the woman out of her car because he expected her to take a field sobriety test anyway.

"I am not able to compel a person to perform field sobriety tests," Richard said in the deposition. "I can ask them if they wish to perform them, and I can ask a person to step out of their vehicle. It is a lawful command by a police officer."

So why, her lawyer asked, did the deputy tell Mael to get out of her car?

"My intention was to perform field sobriety tests," Richard answered.

Richard did not contend that Mael mouthed off to him or threatened him before he pulled her from the driver's seat. He agreed she said she was sick and wanted to be left alone. But she tried to prevent him from opening the car door, he said, and she didn't follow his various commands when she was outside the vehicle.

One command was to put her hands behind her back so she could be handcuffed.

How could Mael take a field sobriety test in handcuffs? Mael's lawyer asked.