you're charged with driving while ability is impaired. >> he also did a field sobriety test. it's worth noting the alcohol level is not the only theory to charge drunk drive action. you can do common law drunk driving. >> anybody who take the test is also charged common law. you smash into a car and kill four people. you're in the hospital because you're injured. you can't stand on one leg and take a sobriety test. >> that's a good point. just take an uber. >> tragic story. >> for sure. coming up president obama made race relations a corner stone for his presidency. shocking new poll numbers show that's not the case at all. we'll tell you what they are. >> it's beach day on "fox & friends" plaza complete with sand. are you a heavy packer when it