01-2933-FT Barron County v. Buchner

By: dmc-admin//March 4, 2002//

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Vicki Buchner appeals from an order denying her motion to suppress and a judgment convicting her of operating a motor vehicle while under the influence of an intoxicant, and operating a motor vehicle with a prohibited alcohol concentration. Buchner claims the arresting officer lacked probable cause to administer a preliminary breath test (PBT), and hence lacked probable cause to arrest her. As a result, she argues that the trial court erred by denying her suppression motion.

We conclude that the officer had probable cause to administer the PBT and, therefore, affirm the conviction and the order denying Buchner’s suppression motion.

This opinion will not be published.

Dist III, Barron County, Eaton, J., Cane, C.J.

Attorneys:

For Appellant: William A. Schembera, Menomonie

For Respondent: Ruth A. Bachman, Barron

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