State v. Toth

¶1 Following an arrest for driving under the influence of alcohol, Appellant Michael Toth moved the Fifth Judicial District Court, Madison County, to suppress the evidence obtained following a request for a preliminary breath test. Toth argued that the officer needed probable cause to request the preliminary breath test sample. The District Court denied Toth’s motion, concluding that the officer needed only a particularized suspicion to request a breath sample for preliminary breath test analysis. We affirm.

¶2 The sole issue on appeal is whether the District Court erred when it concluded that…