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Criminal Law

: Tenth Circuit Blog

PC to Arrest Civil Rights Plaintiff with .02 BAC Existed

By Shari Allison

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Titus v. Ahlm, 2008 WL 4726233 (10/28/08) (unpub'd) - In a civil rights case, the officer had probable cause to arrest the plaintiff, even though he only blew a .02 on the breath alcohol test because in New Mexico DWI can be impairment "to the slightest degree." The plaintiff did have watery and blood shot eyes, said he had drunk a beer and failed two of the ever-reliable field sobriety tests.

Full post as published by Tenth Circuit Blog on November 04, 2008 (boomark / email).

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