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Probable Cause – OWI Arrest

State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10

court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply

¶14      The undisputed facts as disclosed from the record reveal the following:  (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive; (2) Marks observed Barahona’s vehicle cross the dotted line dividing two lanes of traffic by approximately one foot and drive over that line for approximately one block when he was pulled over by Marks; (3)  Marks detected the odor of intoxicants emanating from Barahona’s breath; (4) Barahona admitted to having consumed alcohol; (5) Barahona’s eyes were bloodshot; (5) Barahona appeared confused as to his location and was argumentative.   These facts are sufficient to allow a reasonable police officer to conclude that Barahona was probably driving under the influence of an intoxicant in violation of Wis. Stat. § 346.63(1)(a) and (b).  See, e.g., Babbitt, 188 Wis. 2d at 357.

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