Brigham Eugene Krebs v. State
05-13-01584-CR
Tex. App.—WacoApr 14, 2015Background
- Appellant Brigham Eugene Krebs rear-ended another vehicle; responding officers smelled alcohol and suspected intoxication.
- Dallas police Cpl. Joshua Boykin was called to administer field sobriety tests; he observed bloodshot eyes, slurred speech, swaying, and administered standardized tests showing impairment.
- Krebs admitted he had been driving and had consumed several draft beers two to three hours before the accident.
- Based on Krebs’s admissions, Boykin’s observations, and the field sobriety results, Boykin arrested Krebs for driving while intoxicated (DWI).
- Krebs moved to suppress all evidence from the warrantless arrest, arguing the officer lacked probable cause because he did not personally witness Krebs driving; the trial court denied the motion.
- Krebs pleaded guilty; sentence was 120 days confinement probated for 15 months and a $500 fine. He appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Boykin’s warrantless arrest violated art. 14.01(b) because he did not see Krebs driving | Krebs: arrest invalid because officer didn’t personally observe the offense | State: officer lawfully arrested based on Krebs’s admission, officer observations, and sobriety tests (probable cause) | Held: Arrest lawful; probable cause existed and suppression denial affirmed |
| Whether Woodard and related precedents were wrongly decided and should not apply | Krebs: Woodard and similar cases are incorrect and distinguishable | State: bound by precedent; Woodard supports arrest where defendant admitted driving and showed intoxication | Held: Court bound by Woodard; facts here are comparable and controlling |
| Whether Krebs was illegally detained by the responding officers (suppression argument) | Krebs: detention was illegal (raised on appeal) | State: issue was not preserved below | Held: Argument waived for failure to raise at trial; court did not decide detention issue |
Key Cases Cited
- State v. Woodard, 341 S.W.3d 404 (Tex. Crim. App. 2011) (officer may arrest for DWI based on defendant’s admission plus observations and other indicia of intoxication)
- Torres v. State, 182 S.W.3d 899 (Tex. Crim. App. 2005) (warrantless arrest permissible when officer receives information from reasonably trustworthy sources)
- Baldwin v. State, 278 S.W.3d 367 (Tex. Crim. App. 2009) (probable cause is required for warrantless arrest under the Fourth Amendment)
- State ex rel. Vance v. Clawson, 465 S.W.2d 164 (Tex. Crim. App. 1971) (intermediate appellate courts are bound by court of criminal appeals precedent)
- Gutierrez v. State, 327 S.W.3d 257 (Tex. App.—San Antonio 2010) (officer’s observations and defendant’s admissions can supply probable cause for DWI arrest)