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Arrest — Probable Cause — Preliminary Breath Test — OWI

State v. Ibrahim Begicevic, 2004 WI App 57
For Begicevic: Donna J. Kuchler

Issue/Holding:

¶9. When Kennedy initially made contact with Begicevic, he appeared confused on how to get to Milwaukee. She immediately noticed a strong odor of intoxicants and that his eyes were bloodshot and glassy. … Because Kennedy was giving Begicevic the benefit of the doubt, she had him perform a fourth field sobriety test, the finger-to-nose test. After she explained and demonstrated the test, Begicevic tried it unsuccessfully three times. Based upon all of her observations, Kennedy asked Begicevic to submit to a PBT.¶10. This case presents the very kind of situation for which the PBT was intended because it aided Kennedy in determining whether probable cause to arrest existed. … If, under the facts, there are reasonable grounds to believe that the person has violated the OWI laws, the officer may arrest the driver under Wis. Stat. §§ 345.22 or 968.07(1)(d). Renz, 231 Wis. 2d at 311. Kennedy’s use of the PBT in this case is supported by probable cause and is consistent with its intended purposes

 

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