State v. Goss
806 N.W.2d 918
Wis.2011Background
- Goss stopped for obstructed license plate; officer learns license revoked and four prior OWI; odor of intoxicants observed as he is placed in squad car.
- Goss is subject to a .02 PAC standard due to three or more prior OWIs; officer smells alcohol before any arrest for PAC.
- Officer asks for a PBT breath sample; PBT shows 0.084% BAC; blood sample later shows 0.080% BAC.
- Goss is charged with fifth offense OWI under Wis. Stat. § 346.63(l)(b).
- Goss moves to suppress the PBT results arguing lack of probable cause to request the PBT; circuit court denies.
- Court of Appeals affirms, holding probable cause existed to request the PBT under the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause is required to request a PBT from a non‑commercial driver under .02 PAC | Goss: odor alone cannot prove probable cause; no pre-arrest basis for non‑commercial. | State: odor plus four prior OWIs and .02 PAC justify probable cause. | Probable cause existed to request the PBT. |
| Whether prior OWI convictions are probative in establishing probable cause under Renz Lange framework | Prior convictions have no bearing on PROBABLE CAUSE for PBT. | Prior convictions validly considered under totality of circumstances. | Prior convictions properly considered; they help support probable cause. |
| How Renz framework applies to a driver subject to a .02 PAC standard | Goss argues Renz does not apply or creates a different category. | Continue to apply Renz’s quantum of proof between stop and arrest; PBT as screening tool. | Renz framework applies; PBT remains a screening tool with lesser proof than arrest. |
| Whether odor plus low PAC exposure suffices to justify a PBT request before arrest | Odor plus low PAC should not meet probable cause threshold. | Totality of circumstances supports probable cause. | The facts meet the required quantum of probable cause. |
Key Cases Cited
- State v. Lange, 317 Wis. 2d 383 (2009 WI) (prior convictions may inform probable cause in OWI cases)
- Cnty. of Jefferson v. Renz, 231 Wis. 2d 293 (1999 WI) (PBT standard; screening tool; strict probable cause less than arrest)
- State v. Renz, 231 Wis. 2d 293 (1999 WI) (establishes PBT probable cause standard for non-commercial drivers; context matters)
- State v. Fischer, 322 Wis. 2d 265 (2010 WI) (recognizes PBT as preliminary evidentiary tool; reliability concerns noted)
- State v. Knapp, 285 Wis. 2d 86 (2005 WI) (fruit of the poisonous tree; admissibility considerations in searches)