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State v. Johnson7/19/2000
is required are several indicators of intoxication to establish "probable cause to believe" that a defendant was operating while under the influence. See id. at 316. An examination of the record demonstrates that Ritchie had a substantial amount of reliable, factual information indicating to a reasonable police officer that Johnson had probably violated the statute prohibiting driving while under the influence of an intoxicant.
. In addition to the illegal turn, the indicators of intoxication available to Ritchie included: Johnson's immediate argumentative demeanor, Ritchie's detection of the odor of intoxicants "emitting directly from Mr. Johnson," and Ritchie's observations that Johnson was unsteady in his movement and stance, that he had somewhat slurred speech and that his eyes were bloodshot. Furthermore, when Ritchie asked Johnson if he had had anything to drink, Johnson candidly responded, " robably too much." And, finally, in response to a question of when did he have his last drink, Johnson nonsensically responded "two seconds" before the traffic stop.
. Each indicator alone would not be enough. But each indicator builds upon another, and, as they build up, reasonable inferences about the cumulative effect can be drawn. A point is reached where the sum of the whole is greater than the sum of its individual parts. In this case, the indicators of intoxication observed by Ritchie immediately after the stop build up to support probable cause to believe that Johnson was operating while under the influence. Once that threshold was reached, Ritchie was justified in administering the PBT. Finally, when the PBT results are added to the indicators of intoxication, there is probable cause for an arrest for operating while intoxicated.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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