Engstrom v. North Dakota Department of Transportation
807 N.W.2d 602
| N.D. | 2011Background
- Officer responded to a 5:00 a.m. report, found Engstrom in a parked vehicle and identified him as driver.
- Engstrom exhibited bloodshot eyes and mush-mouth/slowness in speech; no odor of alcohol was initially established.
- Keys were in the ignition; Engstrom admitted having consumed alcohol and agreed to sobriety tests after being asked to exit the vehicle.
- Engstrom failed the horizontal gaze nystagmus (HGN) and agreed to an S-D5 intoxilyzer test; he was arrested for being in actual physical control of a vehicle while intoxicated.
- DOT notified Engstrom of a four-year license revocation; Engstrom challenged the decision at an administrative hearing, which sustained the revocation despite objections to S-D5 results.
- District court affirmed the administrative revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to order Engstrom to exit the vehicle? | Engstrom argues the tip was anonymous and corroboration was lacking. | DOT contends totality of circumstances supported reasonable suspicion. | Yes, based on bloodshot eyes, slow speech, mush mouth, and admission. |
| Was there probable cause to arrest Engstrom? | Engstrom asserts only bloodshot eyes and mush mouth with admission; insufficient for arrest. | DOT maintains totality of circumstances including admission and test results supported probable cause. | Yes, the totality supported probable cause. |
| Was the HGN test admissible and properly weighed? | Engstrom challenges proper administration of HGN. | Court may weigh reliability and training; admissibility not precluded. | HGN weight proper; credibility for determination of probable cause. |
Key Cases Cited
- Hawes v. N.D. Dep’t of Transp., 2007 ND 177 (ND 2007) (standard for reviewing agency findings; preponderance of evidence standard)
- City of Devils Lake v. Grove, 2008 ND 155 (ND 2008) (relevance of own-words and field sobriety tests to probable cause)
- Olson v. City, 2007 ND 40 (ND 2007) (odor of alcohol, bloodshot eyes, and slight slurred speech as basis for suspicion)
- Abernathey v. Dep’t of Transp., 2009 ND 122 (ND 2009) (bloodshot eyes, confused state, and slurred speech supporting suspicion)
- Moran v. N.D. Dep’t of Transp., 543 N.W.2d 767 (ND 1996) (considering cumulative factors for probable cause)
- Richter v. N.D. Dep’t of Transp., 2010 ND 150 (ND 2010) (scope of review for administrative license suspensions)
- State v. Hensel, 417 N.W.2d 849 (ND 1988) (probable cause standard for arrest in DUI context)
- City of Fargo v. McLaughlin, 512 N.W.2d 700 (ND 1994) (HGN factors and weight of evidence in DUI)
- Grove v. City, 2008 ND 155 (ND 2008) (relevance of admission and sobriety test results to probable cause)