State v. Leroy

Miller, J.:

This is an interlocutory appeal by the State from the trial court’s suppression of evidence regarding defendant Daniel Leroy’s refusal to submit to a breathalyzer test after his arrest for driving while under the influence of alcohol.

On October 28, 1989, defendant was stopped on Highway 56 in Barton County. The arresting officer, Sergeant Causey, had observed defendant’s car cross the center line several times. Upon asking defendant for his driver’s license, Causey noticed the smell of alcohol. He formed the opinion that defendant was intoxicated based upon the odor, the fact that…