Steinberg v. State
A07A0312 (criminal case)
June 25, 2007
Phipps, Judge.
07 FCDR 3132 (07/13/07

What is "probable cause" to arrest for DUI? The test of probable cause requires merely a probability —less than a certainty but more than a mere suspicion or possibility. To arrest a suspect for driving under the influence, an officer need only have knowledge or reasonably trustworthy information that the suspect was actually in physical control of a moving vehicle, while under the influence of alcohol to a degree which renders him incapable of driving safely.

This is typically demonstrated by less safe driving like weaving or an accident; by manifestations of driving like odor of alcohol, red and glassy eyes, slurred speech and unsteadiness on feet or lack of balance; or by demonstration of "clues" on voluntary standardized field sobriety tests (yes, they are voluntary) like jerking eyes on the HGN, missing heel to toe on the walk and turn and putting your foot down on the one leg stand withing 30 seconds.   Few people realize that these tests measure your ability to follow instructions as much or more than your ability to balance and your coordination.  It is never in your interest to take the HGN.  Under some circumstances, field sobriety evaluations like the one leg stand and walk and turn can be taken if you are sober or just had a few beers.  You have to balance whether it would look worse to take the tests or to refuse the tests, so there is no easy answer. 

The Court also found that even if the Jury finds no credibility in the Officers underlying traffic stop that does not undermine the Trial Judge's ruling that the traffic stop was credible.

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