This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was arrested for DWI. The arresting officer observed the Defendant exiting a parking lot in an unsafe manner, noted physical signs of alcohol ingestion, and determined through field sobriety tests (FSTs) that the Defendant was under the influence of alcohol. The Defendant argued that the strong odor of alcohol was not indicative of impairment, her bloodshot, watery eyes were due to a fight with her boyfriend, and her performance on the FSTs was affected by being barefoot on asphalt in a noisy, high-traffic area (paras 2-3).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Contended that the officer lacked probable cause for the DWI arrest, arguing that the evidence (strong odor of alcohol, bloodshot eyes, and performance on FSTs) did not prove impairment (para 2).
- Plaintiff-Appellee: Argued that the officer had probable cause for the arrest based on the Defendant's unsafe exit from a parking lot, physical signs of alcohol ingestion, and performance on FSTs indicating impairment (para 3).
Legal Issues
- Whether the officer had probable cause to arrest the Defendant for DWI.
Disposition
- The court affirmed the district court’s conclusion that the officer had probable cause to arrest the Defendant for DWI (para 6).
Reasons
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Per Cynthia A. Fry, J. (Michael E. Vigil, J., and Timothy L. Garcia, J., concurring): The court found the officer's testimony credible regarding the Defendant's unsafe driving behavior, physical signs of alcohol ingestion, and performance on FSTs, which collectively indicated impairment and justified the DWI arrest. The court emphasized that it does not reweigh evidence or redetermine witness credibility on appeal. It relied on precedent that the combination of observed unsafe driving, physical signs of alcohol consumption, and FST performance can constitute probable cause for a DWI arrest (paras 2-5).
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