Commonwealth v. Hager

STEPHENSON, Justice.

Waldon L. Hager was convicted in district court for the offense of operating a motor vehicle while under the influence of intoxicants. KRS 189.520. On appeal, the circuit court reversed for a new trial. The Court of Appeals affirmed. We granted discretionary review and reverse the decision of the Court of Appeals and the circuit court.

Hager was stopped by a police officer for failure to stop at a “3-way stop” intersection. The officer testified he smelled alcohol on Hager’s breath and administered three field sobriety tests, all of which were failed by Hager. He refused to…