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State v. Brander6/11/2004
elieve that the driver was intoxicated. In other words, if an individual is driving erratically-e.g., if he is driving all over the road, crossing the center line and the fog line, weaving in and out of traffic, or braking for green lightssuch evidence would serve as particularized suspicion both for the officer to initially stop the driver and to administer field sobriety tests.
Hulse , 39.
Here, Brander's driving was sufficiently erratic to support Deputy Roselles' particularized suspicion that Brander was driving under the influence . Although Roselles did not notice the smell of alcohol emanating from Brander until after he and Brander walked to the back of his truck, Roselles already had formed a particularized suspicion, and he therefore had the authority to administer field sobriety tests. The order of the District Court is affirmed.
W. WILLIAM LEAPHART
We concur:
JIM REGNIER
PATRICIA O. COTTER
JOHN WARNER
JIM RICE
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