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State v. Berger7/22/2004
ivity test at the Law Enforcement Training Center in Devils Lake. He explained the light reactivity test:
Light reactivity test is another tool that we use in determining whether or not to establish probable cause to make arrests for driving under the influence of alcohol and/or drugs. Typically, if somebody is not impaired, their pupils are going to react equally to light such that if I took a flashlight on my own eyes, my pupils would be somewhat larger dilation without the lights directly in my eyes. They would become more pinpoint as the light was focused in the eye. That would be a normal reactivity.
Officer Vanderhoef testified he was taught during his training that an eye reacting slowly to light can be a sign of use of controlled substances. Officer Vanderhoef testified that Berger's pupils "reacted very, very slowly, almost to the point where you couldn't even tell that they had reacted at all," and "[t]hey stayed virtually fully dilated." Failing a field sobriety test is a relevant factor in determining whether the officer had probable cause to arrest for driving under the influence of drugs or alcohol. Waltz, 2003 ND 197, 14, 672 N.W.2d 457; Sonsthagen, 2003 ND 90, 22, 663 N.W.2d 161; Kahl v. Director, N.D. Dep't of Transp., 1997 ND 147, 17, 567 N.W.2d 197; McNamara v. Director of N.D. Dep't of Transp., 500 N.W.2d 585, 588 (N.D. 1993).
[ ] Office Vanderhoef did not notice an odor of alcohol emanating from Berger. When a driver exhibits a significant level of impairment and alcohol usage has been tentatively eliminated as the cause of the impairment, it is reasonable to conclude the driver is under the influence of drugs or another substance. Waltz, 2003 ND 197, 15, 672 N.W.2d 457.
[ ] We conclude these facts and circumstances, considered in totality in light of the officer's training and experience, created probable cause to believe Berger was driving under the influence of drugs. Although each factor individually might be insufficient to establish probable cause, their cumulative effect is sufficient. See Baer, 1997 ND 222, 13, 571 N.W.2d 829; Moran, 543 N.W.2d at 770. Officer Vanderhoef observed signs of physical or mental impairment, and had reason to believe Berger's impairment was caused by drugs. See Sonsthagen, 2003 ND 90, 20, 663 N.W.2d 161. Accordingly, we conclude the trial court did not err in determining there was probable cause for the arrest and in denying the motion to suppress evidence discovered during the search incident to arrest.
[ ] The order deferring imposition of sentence is affirmed
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