Mere presence of alcohol does not, by itself, support an inference of impairment.

Topic: DUI, Decided by: Judge Kennedy 
Docket Number: 1344563 , Decision Date: July 30, 2013 
Attachment: Click here to download the decision. 

Police officer did not have probable cause to arrest Petitioner for driving under the influence or refusing to consent to a state-administered chemical test because, while Petitioner, who had been stopped at a roadblock, admitted to drinking, the officer presented no evidence that he had seen any signs of impairment.  The mere presence of alcohol does not, by itself, support an inference of impairment.

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