State, Department of Motor Vehicles & Public Safety v. Root

OPINION

On April 13, 1993, Las Vegas Metropolitan Police Department Officer Kai Degner (“Degner”) stopped and detained respondent Michael Allan Root (“Root”) for suspicion of driving under the influence of alcohol. Degner testified that he gave Root a three-part field sobriety test and then asked Root to submit to a preliminary breath test. Degner testified that he gave Root three attempts to blow into the breath device, but Root responded that he did not have enough air to do so. Root testified that he blew air into the device, but that no readings were registered. Degner then transported…