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Pasek v. Kansas Dept. of Revenue11/24/2004
ing the crime of driving under the influence.
We hold the district court's decision is not supported by the evidence. The odor of alcohol on Pasek's breath indicated the possibility that he was driving under the influence of alcohol. At this point, Hirsh certainly did not have probable cause to arrest Pasek for driving under the influence of alcohol. However, while all the normal indicators of intoxication were not present, Hirsh unquestionably had reasonable suspicion that Pasek had been drinking and driving and Hirsh was within his authority to request Pasek perform the normal field sobriety tests.
Reversed and remanded for the district court to consider whether there was probable cause to arrest Pasek for driving under the influence of alcohol.
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