State v. L.H.
The client was stopped for speeding and arrested for DUI after refusing to submit to field sobriety tests. The officer testified at a motion hearing that he smelled alcohol but that the client was steady on his feet and did not have slurred speech. The judge found that the odor of alcohol without any other signs of impairment was an insufficient basis for probable cause to arrest for DUI. Without probable cause to arrest, the State could not proceed.
Practice area(s): DUI / DWI