COA holds there was probable cause to arrest for OWI
County of Jefferson v. Juan Carlos Garcia, 2025AP1199-1200, 10/29/26, District IV (ineligible for publication); case activity
Although Garcia scores a minor victory by persuading COA to set aside FST evidence, COA finds the evidence still supported probable cause.
In this appeal from an adverse suppression ruling, COA determines there was adequate evidence to establish probable cause for an arrest based on:
- A citizen report of erratic driving (¶20);
- Unusual driving behaviors observed by the arresting officer (specifically, sitting at a green light, merging from a turn lane to proceed straight ahead, getting partially out of the car to look at the officer behind him) (¶21)
- A “vague” and superficially incredible explanation for that driving behavior (id.);
- Smell of intoxicants, bloodshot eyes, slurred speech, and slow movements upon making contact with the officer (¶22);
- Evasive responses to the officer’s questions about whether he had been drinking (¶23);
- The fact that Garcia was “unsteady” on his feet (id.)
COA therefore finds Garcia’s reliance on State v. Faruzzi misplaced, as that case has “materially distinguishable” facts. (¶25). Finally, he does score a minor victory by persuading COA not to take the FSTs into account given some “ambiguity” in the record on this point. (¶17). However, COA rejects his argument that this necessarily means that the other evidence needs to have greater weight in the absence of FST evidence. (¶29). And, while he identifies indicia of probable cause not present here, COA finds the evidence in this case adequate to meet the constitutional standard and affirms. (¶31).