United States Tenth Circuit

In a civil rights action arising out of a traffic stop and arrest of plaintiff for allegedly driving under the influence of alcohol (DUI), a judgment pursuant to a jury verdict against defendant-officer is reversed where defendant-officer had probable cause to arrest plaintiff on suspicion of DUI since a prudent officer could reasonably conclude from plaintiff's refusal to participate in a field sobriety test, coupled with the observation of several indicators of excessive alcohol consumption, that plaintiff was under the influence of alcohol.

Appellate Information

• Decided 06/12/2007
• Published 06/13/2007

Judges

Court

• United States Tenth Circuit

Counsel