COA finds reasonable suspicion to extend traffic stop to investigate for OWI and probable cause to arrest.
Village of Grafton v. Blake S. Barnes, 2026AP160, 7/15/26, District II (ineligible for publication); case activity
The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his stop and arrest for speeding and operating while intoxicated where the defendant drove 48 miles per hour on a road posted for 25 miles per hour at 12:30 a.m., the officer smelled alcohol in the vehicle, the defendant exhibited glassy eyes, admitted he drank alcohol that night, and failed field sobriety tests.
A Grafton police officer saw a vehicle going 48 miles per hour on a road with a 25-mile-per-hour speed limit at 12:30 a.m. on a Saturday night. The officer stopped the vehicle, approached it, and saw four occupants. The driver, Blake Barnes, told the officer that he and the passengers had been attending a high school reunion. The officer smelled alcohol from inside the vehicle and reported that Barnes had glassy eyes and slurred speech. When asked by the officer if he had been drinking, Barnes initially said no but then said he had two beers. The officer called for a backup officer to investigate for OWI. (¶¶ 2-3).
When the backup officer arrived, he asked Barnes to exit the vehicle to perform field sobriety tests. Barnes failed a number of the tests. Barnes then “submitted” to a preliminary breath test (PBT), which showed his blood alcohol concentration at .14. After he provided the PBT, but before he learned the results, Barnes told the officer that he drank seven or eight beers that night. Barnes was arrested and, at the police station, consented to a chemical test of his breath, which resulted in a blood alcohol concentration of .13. Barnes was cited for OWI, operating with a prohibited alcohol concentration, and speeding. (¶ 4).
Barnes moved to suppress the fruits of his stop and arrest, arguing that police did not have reasonable suspicion to extend the traffic stop or probable cause to arrest him. The circuit court suppressed the PBT results because, although police had reasonable suspicion to request to Barnes to submit to the PBT, the officer compelled him to take the PBT. (¶ 6). However, the circuit court found that police had probable cause to arrest Barnes without the PBT results because he was speeding at 12:30 a.m., the officer smelled alcohol in the vehicle, Barned admitted he had been drinking, and he failed the field sobriety tests. (¶ 6). The circuit court did not rely on the officer’s report that Barnes’ speech was slurred because a video of the incident did not support the officer’s testimony. (¶ 6). Barnes was found guilty at a jury trial of operating a motor vehicle with a prohibited alcohol concentration.
Barnes argued on appeal that the circuit court erroneously exercised its discretion when it found that the officers had reasonable suspicion to extend the traffic stop into an OWI investigation and probable cause to arrest Barnes for OWI.
The COA determined police were authorized to extend the traffic stop because Barnes drove after midnight “well above” the posted speed limit, the officer smelled alcohol in the vehicle, observed that Barnes’ eyes were glassy, and Barned admitted to consuming alcohol. (¶ 18).
Regarding probable cause, the COA concluded the time of night, risky driving behavior, Barnes’ admission that he consumed alcohol before driving, and his failing some of the field sobriety tests was sufficient to arrest Barnes for operating while intoxicated. (¶ 21).