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State v. Sypher5/2/2000
till exist. See State v. Mitchell, 167 Wis. 2d 672, 681-84, 482 N.W.2d 364 (1992).
. Here, even without considering Sypher's refusal to take the PBT test, there were sufficient facts to support a probable cause determination. Sypher was driving forty-five miles per hour in a twenty-five-mile-per-hour zone; an odor of alcohol could be detected coming from Sypher's car; the trooper could observe Sypher's bloodshot eyes; and the HGN test results indicated not only that Sypher's driving ability was impaired, but also a 60% probability that his blood alcohol level would exceed 0.10%. It is not necessary to show that Sypher's driving was bizarre or erratic to support a probable cause determination for OWI. See Milwaukee v. Richards, 269 Wis. 570, 576, 69 N.W.2d 445 (1955).
. Because the arresting officer had sufficient facts to conclude there was probable cause to arrest Sypher for OWI, the trial court correctly denied the motion to suppress. The judgment and order are therefore affirmed.
By the Court. -- Judgment and order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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