On Point: c. Preliminary breath test

State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303.

City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs)

After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the totality of the circumstances, the officer had probable cause to ask Becker for a preliminary breath test under § 343.303 and County of Jefferson v.

State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity

There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test.

State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity

There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been drinking but had his consumed his last drink over 12 hours earlier. (¶¶2, 4).

State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity

The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT):

¶13     Contrary to Brinkmeier’s argument, the evidence supporting probable cause in this appeal does not differ significantly from the evidence in [County of Jefferson v.

Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity

Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had consumed five drinks over the course of the night; and Anderson’s performance on the walk-and-turn and one-leg-stand tests suggested he might be intoxicated.

State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity

Police were called to a campsite where the defendant admitted to drinking with underage individuals.  An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner.  A PBT showed the defendant had a .156 BAC, so he was informed that he couldn’t drive his truck out of the campsite.  

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13

Court of appeals decision (1 judge; ineligible for publication); case activity

Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about the significance of the results of field sobriety tests means those results should have “minimal significance” in determining probable cause to administer the PBT:

¶10      I first conclude that,

Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12

court of appeals decision (1-judge, ineligible for publication); case activity

Probable Cause – PBT, § 343.303

¶11      At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday night/Sunday morning (a day and time that increases suspicion of alcohol consumption),

State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity

Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT as a police, rather than probation, search because the probation officer wasn’t involved in the test,