State v. Pace (In re Pace)

NEUBAUER, C.J.1

¶1 Michael R. Pace appeals from an order determining that his refusal to submit to a chemical test for blood alcohol content was unlawful. He asserts there was no probable cause to arrest him for operating a vehicle while under the influence of an intoxicant (OWI), thereby making his refusal lawful. We disagree and affirm, as the totality of the circumstances-excessive speed, lane deviation, red, bloodshot eyes, odor of alcohol, and failure to pass field sobriety tests-established probable cause to arrest for OWI.

BACKGROUND

¶2 In the late afternoon on December 25, 2016,…