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