Hughes v. State

Gregory, Justice.

After observing appellant Hughes’ erratic driving, an off-duty police officer pulled behind Hughes’ parked car, showed Hughes his identification, called for assistance, and refused to let Hughes leave. After talking with Hughes, the officer asked another officer who had arrived on the scene to give Hughes a sobriety test. The officers then placed Hughes under formal arrest for driving under the influence.

The trial court granted Hughes’ motion to suppress. The trial court held that the situation had progressed beyond the point of an investigatory stop and that the officer had…