MI: No RS for PBT; nothing about def’s demeanor or appearance suggested he was under the influence

Nothing about defendant’s appearance or demeanor, other than bloodshot eyes, suggested he was under the influence. Administration of a PBT lacked reasonable suspicion. People v. Olson, 2021 Mich. App. LEXIS 1927 (Mar. 25, 2021):

Here, early on a Sunday morning, defendant was driving a vehicle with an expired license plate when he rolled through a stop sign. After stopping defendant’s car, the deputy learned that defendant had a restricted driver’s license which did not permit him to be driving at the time of the stop; defendant had a prior OWI; he was driving a car that did not belong to him, and that car had a license plate that was not registered to that vehicle. Defendant explained to the deputy that the car belonged to his cousin, that he had just been socializing with the cousin nearby, that he had agreed to drive the car home for her, and that he had had “a couple of drinks.” Defendant’s circumstances, though problematic in other respects, did not suggest that he was intoxicated. Although the deputy noted after administering the PBT that defendant had bloodshot eyes, neither defendant’s speech nor his physical abilities suggested impairment by alcohol or other substance, and the deputy did not mention that he observed any odor of intoxicants. The fact that his appearance and demeanor did not suggest intoxication is reinforced by the deputy’s comment to defendant upon seeing the PBT result, that “You’re up there, you can hold your alcohol, I would never have guessed that high.” In the end, defendant had “rolled through” a stop sign and admitted to having “a couple” alcoholic drinks.

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