“A person’s refusal to submit to a field sobriety test, when ‘combined with evidence of alcohol consumption,’ can give rise to probable cause to arrest the person for driving under the influence of alcohol.” (quoting Kinlin v. Kline, 749 F.3d 573, 580–81 (6th Cir. 2014)
How later courts described this case
- “A person’s refusal to submit to a field sobriety test, when ‘combined with evidence of alcohol consumption,’ can give rise to probable cause to arrest the person for driving under the influence of alcohol.” (quoting Kinlin v. Kline, 749 F.3d 573, 580–81 (6th Cir. 2014)
Written by the judges who cited it.
The opinion
HELENE N. WHITE, Circuit Judge,
concurring.
I concur in the majority opinion except with respect to the conclusions that there was probable cause, as a matter of law, to seize and to seek suspension of Bailey’s license. It is not clear to me that a reasonable officer in Lorenz’s position had probable cause to conclude that Bailey’s request to speak to his attorney and agreement to take the chemical test only after learning that it would be performed at the jail were for the purpose of delay. Nevertheless, I concur in the affirmance as to these claims because the law in Michigan on these issues was sufficiently unclear that a reasonable officer in Lorenz’s position would not have known that his actions were unlawful.