Akima v. Peca, No. 22-2058 (6th Cir. 2023)
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After being stopped for a broken headlight, Akima was arrested for operating a vehicle while intoxicated based on his performance on a three-part field sobriety exam and a preliminary breathalyzer test. Arresting Officer Peca determined that he failed the assessments but had both administered the field sobriety tests improperly and misread the breathalyzer. Akima blew a blood alcohol content of 0.02, well below the legal limit of 0.08; Peca read the result as 0.22 and arrested him, causing Akima, a Japanese citizen, to lose his work visa and be deported. A blood test confirmed the Officer’s error. Akima sued, alleging constitutional violations. Peca moved to dismiss, citing qualified immunity.
The district court permitted Akima’s constitutional claims to proceed. The Sixth Circuit affirmed. Officer Peca lacked probable cause to believe Akima’s license was not in his immediate possession or that he was intoxicated. A reasonable jury could find that while driving without any apparent difficulty, Akima was stopped for a broken headlight; perhaps due to evident communication barriers, Akima took the atypical step of exiting his vehicle. Akima acknowledged he had been drinking “just a little bit,” registered 0.02 on a breathalyzer, exhibited a temperate and responsive demeanor, and maintained steady speech and gait. He completed three field sobriety tests.
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