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State v. Jason E. Goss, 2010AP1113-CR, review granted 4/12/11

on petition for review of summary order; for Goss: Daniel J. Chapman; case activity

Issue (formulated by On Point:

Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions.

The catch: with 4 priors, Goss’s legal blood alcohol content limit would have been .02. Given that greatly reduced threshold, would the mere smell of alcohol have been enough? Or are the priors irrelevant to the determination of cause to administer a PBT? Goss argues that the statutory scheme doesn’t authorize a PBT based on mere detection of alcohol, period, priors or no. And that is apparently what will now be resolved.

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