City of Xenia v. Wallace

The conflict between the appellate courts centers around which party has the burden of going forward with evidence to show probable cause, or lack thereof, for the administration of a breathalyzer test. We hold that the state has the burden of going forward with evidence to show probable cause once the defendant has demonstrated a warrantless search or seizure and has raised lack of probable cause as a ground for attacking the legality of the search or seizure.

I

The burden of initially establishing whether a search or seizure was authorized by a warrant is on the party challenging the legality…