State v. Kliphouse - 771 So. 2d 16 (Fla. Dist. Ct. App. 2000)

Rule:

Probable cause for a driving under the influence arrest must be based upon more than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol in his system. Once established, probable cause can then provide the means for measuring degrees of impairment or blood alcohol concentration through breath or blood testing.

Facts:

Appellee was driving a motorcycle when he was struck by a car and rendered unconscious. The police smelled alcohol on appellee's breath. Witnesses at the scene of the accident reported that appellee had been operating his motorcycle in a safe and normal manner before the accident and that he did not cause the accident that led to his injuries. The police requested medical personnel to withdraw a blood sample to determine appellee's blood alcohol level, while appellee was unconscious. Appellee was later charged with driving under the influence and he filed a motion to suppress the blood alcohol results, which was granted because the mere odor of alcohol was insufficient for reasonable cause to believe that appellee was under the influence. The State appealed.

Issue:

Did the odor of alcohol on the breath of an unconscious driver given an officer reasonable cause to believe that the driver was under the influence of alcohol, within the meaning of Fla. Stat. ch. 316.1932(1)(c)? 

Answer:

No.

Conclusion:

The judgment of the lower court was affirmed because the sole evidence of an odor of alcohol on appellee's breath was insufficient reasonable cause for the police to believe that appellee was under the influence of alcoholic beverages to subject him to a blood draw under Fla. Stat. ch. 316.1932(1)(c). According to the court, Fla. Stat. ch. 316.1932(1)(c) required a police officer to have reasonably trustworthy information sufficient to cause a person of reasonable caution to believe that the driver was under the influence of alcoholic beverages to the extent that the driver's normal faculties were impaired or the driver's blood or breath alcohol level was .08 or higher. The presence of an odor of alcohol alone was generally not considered an accurate and reliable measure of impairment and, thus, was rarely deemed sufficient for a finding of probable cause.