Saucier v. State

OPINION

WOLVERTON, District Court Judge.

Joseph Saucier was arrested for driving while intoxicated (DWI) and subsequently charged with refusal to submit to a chemical test of his breath. He entered a no contest plea to the refusal charge, reserving his right to appeal the district court’s denial of his motion to suppress the evidence of his refusal to submit to the chemical test. Saucier argues that the officer who arrested him did not have probable cause to believe that Saucier had been driving while intoxicated. We agree.

Saucier was arrested by Seward Police Officer Gary Byrnes. Byrnes was…