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State v. Colstad1/30/2003
that Colstad simply accelerated during the letters L, M, N, and O. Rather, the officer asserted that Colstad slurred his speech during these letters. When Colstad's performance of the field sobriety tests is combined with the mild odor of intoxicants and the suspicious circumstance of Colstad's truck colliding with a child on an unobstructed street where Colstad was allegedly watching for children, the totality of the facts supports "probable cause to believe" Colstad was driving while intoxicated.
. Accordingly, the officer possessed "probable cause to believe," within the meaning of Wis. Stat. § 343.303, and was authorized to administer the PBT.
. Colstad contends the PBT result should not have been considered for two additional reasons: (1) the State failed to demonstrate at the suppression hearing, as required by Wis. Stat. § 343.303, that the PBT used was "approved by the department" for preliminary breath testing, and (2) the PBT evidence was inadmissible at the suppression hearing under State v. Doerr, 229 Wis. 2d 616, 599 N.W.2d 897 (Ct. App. 1999), because it was not accompanied by expert testimony. We reject both arguments.
. Colstad's statutory "approved by the department" argument has been waived. Before the circuit court, Colstad argued only that the PBT evidence was inadmissible under Doerr because it was not supported by expert testimony. Colstad did not apprise the circuit court that he was objecting under the "approved by the department" provision of Wis. Stat. § 343.303. See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (issues not presented to trial court will not be considered for the first time on appeal).
. Colstad's contention that expert testimony is a prerequisite for admission of a PBT result at a suppression hearing is not supported by Doerr. In Doerr, we concluded that, in a trial on a charge other than a motor vehicle violation, admission of a PBT result requires expert testimony to establish "the device's scientific accuracy and reliability and prove compliance with accepted scientific methods as a foundation for the admission of the test results." Doerr, 229 Wis. 2d at 625. Doerr does not require that expert testimony accompany PBT results in cases involving motor vehicle violations. See id. at 622-25.
Conclusion
. For the above reasons, we sustain the trial court's decision to deny Colstad's suppression motion. We affirm Colstad's conviction.
By the Court. -- Judgment affirmed.
Recommended for publication in the official reports.
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