2015 Ark. App. 31
Ark. Ct. App.2015Background
- On Oct. 28, 2011, Benton County Deputy Jason Wood observed Michael Alley driving erratically after leaving a restaurant parking lot and stopped his car.
- Alley exhibited slurred speech, had trouble locating his license/registration, and admitted drinking and taking Klonopin earlier that evening.
- A breath test showed blood-alcohol under .08%; Wood then administered three standardized field-sobriety tests (one-leg-stand, walk-and-turn, HGN), which Alley failed and which were captured on video.
- Alley was arrested and provided a urine sample; the state crime lab’s qualitative analysis detected multiple drugs (including alprazolam) but did not quantify levels or timing of ingestion.
- Alley was convicted in circuit court of second-offense DWI (drugs); he appealed, challenging (1) denial of suppression of the field-sobriety tests, (2) admission of the urine report under Ark. R. Evid. 403, and (3) denial of a directed verdict for insufficient evidence.
Issues
| Issue | Alley’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether field-sobriety tests should have been suppressed because Alley did not consent | Alley: officer needed consent before commanding tests; thus results inadmissible | State: officer lawfully ordered tests because he had reasonable suspicion of DWI | Denied — no Fourth Amendment violation where officer had reasonable suspicion; suppression properly denied |
| Admissibility of urine-sample reports under Ark. R. Evid. 403 | Alley: reports were unfairly prejudicial because lab did not link drug presence to intoxication or quantity/timing | State: reports were probative to show drug ingestion and admissible; court has discretion | Denied — court did not abuse discretion admitting the reports |
| Sufficiency of evidence (directed verdict) — was there proof of intoxication by drugs? | Alley: lab did only qualitative testing; no quantitative level or linkage to impairment so evidence insufficient | State: testimony (erratic driving, slurred speech, admission of Klonopin, failed FSTs, video) provided substantial evidence of impairment | Denied — viewing evidence in state’s favor, substantial evidence supported conviction |
Key Cases Cited
- Stokes v. State, 375 Ark. 394 (Ark. 2009) (standard of review for suppression rulings)
- Tiller v. State, 2014 Ark. App. 431 (Ark. Ct. App. 2014) (officer need not obtain consent to command FSTs where reasonable suspicion exists)
- Fisher v. State, 2013 Ark. App. 301 (Ark. Ct. App. 2013) (same principle regarding FSTs and reasonable suspicion)
- Graham v. State, 2012 Ark. App. 90 (Ark. Ct. App. 2012) (standard for sufficiency of the evidence review)
- Vance v. State, 2011 Ark. 392 (Ark. 2011) (trial-court discretion on admissibility; abuse-of-discretion standard)