May Results of Portable Breathalyzer Test Be Used to Establish Probable Cause for DUI Arrest?
State of Ohio v. Jessica Derov, Case nos. 2008-0853 and 2008-0858 7th District Court of Appeals (Mahoning County) ISSUE: In ruling on a defendant’s claim that police did not have probable cause to place her under arrest for DUI, may a trial court rely on the results of a portable breathalyzer test administered by an officer at the scene of a traffic stop as evidence supporting a finding of probable cause? BACKGROUND: Jessica Derov of Mahoning County was stopped by a state trooper who noticed that her license plate validation sticker was out of date and subsequently determined that the license plates on her car were registered to a different vehicle. The officer did not observe Derov driving erratically. In the course of the traffic stop, the trooper detected the smell of alcohol in the car and observed that Derov’s eyes appeared red and glassy. When he asked if Derov had been drinking that evening, she stated that she had consumed one beer. The officer asked Derov to step out of the ca
Related Questions
- In South Dakota, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?
- In Georgia, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?
- The police said my breath test results were 0.07%. Why did I get a DUI if the law says 0.08%?
