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Griffin v. State ex rel Wyoming Department of Transportation5/28/2002
the type of evidence commonly relied on by reasonably prudent men in the conduct of their serious affairs. Smith, 11 P.3d at 935. We have found that proper foundation was laid as to the techniques used and the officer's qualifications, and conclude that the hearing officer did not abuse his discretion in admitting and placing significance on the standardized field sobriety maneuvers utilized by the arresting officer.
Probable Cause for Arrest
[ ] The final issue is whether the officer had probable cause to arrest Griffin for DWUI.
[W]e do not disturb the decision of the hearing examiner unless a claimant . . . can demonstrate that it was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. This rule affords the petitioner the opportunity to show that the findings of fact were contrary to the overwhelming weight of the evidence. When an agency's action or decision is "based on a consideration of relevant factors and is rational," we will not rule that the action or decision is arbitrary or capricious. Helm v. State ex rel. Workers' Safety & Compensation Div., 982 P.2d 1236, 1240-41 (Wyo. 1999) (emphasis added and footnote omitted) (quoting Mortage Guaranty Ins. Corp. v. Langdon, 634 P.2d 509, 520 (Wyo. 1981)).
[ ] Based on his experience and observation, Officer Hampton decided he had probable cause to arrest Griffin. The officer observed Griffin speeding and crossing the road's center line. He had watery and bloodshot eyes and smelled of alcohol. When asked, Griffin admitted to drinking that evening. The officer asked to see Griffin's driver's license, which he had a hard time locating, taking three attempts to get the license out of his wallet and handing it to the officer. When the officer returned the license, Griffin dropped it. After exiting his vehicle and during the field sobriety maneuvers, Griffin was confused, his speech slurred, and his balance unsteady. Prior to performing the HGN maneuver, Griffin was unable to reach out and touch the tip of the officer's pen. He touched the middle of the pen instead. Griffin also failed to successfully complete any of the field sobriety maneuvers. Consistent with the evidence, the hearing examiner concluded that probable cause existed for arrest. The circumstances in this case justified a reasonable person to conclude that Griffin was intoxicated to the point that his ability to drive was impaired.
CONCLUSION
[ ] This court finds that proper foundation was established for admitting the field sobriety tests and results utilized by Officer Hampton in determining probable cause. The court further concludes that even without the field sobriety tests, the record shows sufficient evidence to prove probable cause that Griffin had been driving upon a public street in violation of Wyo. Stat. Ann. § 31-5-233(b) (LexisNexis 2001). The Order of the administrative hearing agency is affirmed.
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