Pettipas v. State

OPINION

In the early morning hours of November 6, 1987, Deputy Sheriff Burke observed a vehicle weaving back and forth in its lane. Burke followed the vehicle for about three-tenths of a mile, observed the vehicle cross the double yellow line “at least six times,” and stopped the vehicle. The driver, appellant, failed two of three field sobriety tests. Burke placed appellant under arrest, read him his Miranda warning and the implied consent warning and transported him to jail. Appellant submitted to a blood test which revealed a blood alcohol content of .369.

On April 22, 1988, after a…