State v. Vasquez

Citations

• 2017 Ohio 7255

Syllabus

AUTOS/CRIMINAL - OVI - ARREST - PROBABLE CAUSE - BREATH TEST: The trial court erred when it imposed upon the state at a suppression hearing the burden of establishing probable cause to arrest for drunk driving, an offense that involved the operation of a vehicle, when it was undisputed that the arresting officer had probable cause to arrest defendant for having physical control of a vehicle while under the influence of alcohol. The trial court erred when it suppressed breath-test results in a drunk-driving case for operating a vehicle while under the influence of alcohol, despite the state's failure at the suppression hearing to demonstrate that the sample had been collected within three hours of the alleged violation, as contemplated by R.C. 4511.19(D)(1)(b), because the three-hour rule of R.C. 4511.19(D)(1)(b) is not applied in an \exclusionary manner\ in drunk-driving cases involving the operation of a vehicle while under the influence of alcohol, only in per se drunk-driving cases.