Judge Susan J. Kettner

McKiernan was charged with DWI, and a combined Huntley/Dunaway hearing was held. An officer observed McKiernan exit a bar towards a parking lot, and appeared to be intoxicated, and followed McKiernan in his car. The officer observed McKiernan hit then go up on a curb while attempting to stop the car. He testified he smelled alcohol on McKiernan, noticed his eyes were red and blood-shot, and he slurred his words. After McKiernan's unsatisfactory performance on all three standard field sobriety tests, the officer concluded McKiernan was intoxicated and arrested him. McKiernan challenged his arrest as unlawful claiming there was no probable cause for it as the officer had no cause to stop him. The court disagreed finding based on the credible evidence, there was probable cause to stop McKiernan after an officer observed him stumbling to his car, failing to signal when making a left-hand turn, detecting an odor of alcohol on him and failing the SFSTs. As such, it ruled there was probable cause for McKiernan's subsequent arrest for driving while intoxicated. Also, statements made during the initial stop were not suppressible, and statements made after Miranda and DWI warnings were administered were found admissible.