State v. Bulin, 2011 Ohio 3398

Bulin was convicted in Belmont County Common Pleas Court of operating a vehicle under the influence (OVI) with a two-felony OVI specification and sentenced to prison, fines, and license suspension.
A suppression motion challenged the stop/arrest on grounds the stop occurred on private property, improper authority for field sobriety testing, and one test conducted improperly.
Agent Shannon of the Ohio Investigative Unit observed Bulin driving erratically, smelled alcohol, and noted slurred speech; she did not perform field sobriety tests.
Sergeant Tracy, with jurisdiction over the area, administered the field sobriety tests at Deputy Stewart’s direction after Bulin was stopped on private property.
Deputy Stewart arrested Bulin based on the officers’ observations and later relied on field sobriety tests and observations to establish probable cause.
Certified copies of Bulin’s prior felony OVI convictions were offered; one conviction was proven; a second copy was challenged but ultimately deemed harmless given the first conviction sufficing for the specification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the suppression motion correctly overruled?	Bulin; argued stop/arrest improper on private property and tests improperly conducted.	Bulin; argued lack of jurisdiction and improper testing.	No error; suppression denied; tests validated by deputy presence and totality of circumstances.
Is the evidence sufficient to prove appreciable impairment and OVI?	State; evidence shows impairment via multiple witnesses and tests.	Bulin; argues insufficient proof of appreciable impairment.	Sufficient evidence to support conviction for OVI.
Was admission of prior felonly OVI conviction proper and prejudicial?	State; proper to prove specification.	Bulin; improper/inadmissible evidence.	Admission of second exhibit harmless; one prior conviction suffices for the specification.

State v. Droste, 83 Ohio St.3d 36 (1998) (liquor agents may rely on arresting officer’s probable cause when acting in a common investigation)
State v. Homan, 89 Ohio St.3d 421 (2000) (probable cause assessed via totality of facts, not test results alone)
State v. McNamara, 124 Ohio App.3d 706 (1997) (mixed questions of law and fact in suppression review)
State v. Mills, 62 Ohio St.3d 357 (1992) (credibility and witness assessment in suppression)
State v. Shindler, 70 Ohio St.3d 54 (1994) (requirement to state basis for suppression with particularity)
State v. Phillips, 2010-Ohio-1547 (2010) (state must show substantial compliance with testing standards when suppressing test results)
State v. Lowman, 82 Ohio App.3d 831 (1992) (driving impairment as primary consideration in OVI)
State v. Kirby, OT-00-047 (2001) (observations of intoxication can establish probable cause)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for appellate review of sufficiency of evidence)