Justice Robert Collini
Ginther moved to suppress evidence, and a combined Dunaway/Huntley and “chemical test refusal” hearing was held. Ginther came into a precinct to report that he and his three minor children were in an accident. He alleged another vehicle cut him off, and the other driver exited his car, and threatened him with a tire jack, which he allegedly swung at Ginther. Officer Samarisi testified he detected a strong odor of alcohol on Ginther’s breath, red, watery eyes, slurred speech and an unsteady gait, believing Ginther was intoxicated. Ginther was asked to take a portable breath test (PBT), and his blood alcohol content was .17, thus he was arrested. Ginther was taken to a different precinct and asked to take another PBT and physical coordination test, but twice refused to submit to either. The court stated the record was clear Ginther was not in custody at any point until he was asked to submit to the PBT. Hence, any noticed statements made by Ginther at the precinct, about having anything to drink, were admissible. Upon Samarisi’s observations of Ginther’s intoxication, probable cause existed to arrest him, and his refusal to submit to a chemical test was admissible at trial as clear warnings were given. Thus, suppression was denied.
