 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
[T] City of Oshkosh v. Palecek-Baerwald3/26/2003
noted a strong odor of intoxicants coming from inside the defendant's vehicle. Id. When the officer inquired whether the defendant had been drinking, the defendant indicated that he was a bartender at a tavern and had drunk three beers earlier in the evening. Id. The defendant submitted to field sobriety testing and was able to substantially complete all of the tests. Id. at 316-17. At no time during the testing or throughout the defendant's conversations with the officer was his speech slurred. Id. at 297, 317. The defendant submitted to a PBT, which indicated a blood alcohol level of .18. Id. at 298-99.
. In considering the propriety of the officer's use of a PBT, the Renz court observed that " he officer was faced with exactly the sort of situation in which a PBT proves extremely useful in determining whether there is probable cause for an OWI arrest." Id. at 317. It is evident from the facts of Renz that prior to administering the PBT, the officer knew that some amount of alcohol was present in the defendant's blood-both by the defendant's admission and the odor of intoxicants emanating from his vehicle. The defendant in Renz exhibited even fewer indicia of intoxication than Palecek-Baerwald, making the numeric result of the PBT that much more useful in determining probable cause.
. Here, we conclude that the trial court properly found that there was probable cause to arrest Palecek-Baerwald for OWI. The trial court found that Brieder observed what he felt was "inappropriate, erratic type driving"; Brieder smelled alcoholic beverages; Palecek-Baerwald indicated to Brieder that she had been consuming alcoholic beverages; and that the PBT indicated a result of .178. Although the trial court found that Palecek-Baerwald was able to "reasonably" do the field sobriety tests, the facts as found by the trial court, including Brieder's observations of Palecek-Baerwald's slurred speech and glassy eyes, and the PBT result provide sufficient basis to support a determination of probable cause. See State v. Wille, 185 Wis. 2d 673, 684, 518 N.W.2d 325 (Ct. App. 1994) (field sobriety test not always required in order to find probable cause).
CONCLUSION
. We conclude that the trial court properly considered the results of the PBT in determining probable cause to arrest. We affirm the judgment.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
Page 1 2 3 4 Wisconsin DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|