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State v. Oliver

An officer may conduct field sobriety tests after informing a defendant of his Miranda warnings, where the officer had not yet decided whether to arrest the defendant for suspected DUI.

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Gregory Lavon Oliver was charged with driving under the influence of alcohol. Oliver moved to suppress evidence of his intoxication on the ground that it was the fruit of an arrest unsupported by probable cause. The trial court granted the motion, and the State appealed. For reasons that follow, we reverse. On appeal, we view the evidence concerning the motion to suppress in a light most favorable to support the trial court’s ruling.1 And where, as here, “the evidence is not controverted and no issue exists as to witness credibility, we review de novo the trial court’s application of the law to the facts.”2

The undisputed evidence shows that Officer Arlen White responded to a reported motorcycle wreck. When he arrived at the scene, Officer White saw Oliver standing over the motorcycle. Oliver had lacerations on his face and hands, and, although he had been driving the motorcycle, he told White that he did not remember the wreck. White testified that he “immediately detected a strong smell of an alcoholic beverage coming from Oliver” and noticed that Oliver’s eyes were red and glassy. White asked Oliver how much he had to drink, and Oliver responded that he did not remember.

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