Reed v. Pettit (Signed Opinion)Annotate this Case
When an officer working at a sobriety checkpoint encountered Respondent, the officer administered a series of field sobriety tests. The officer then administered a preliminary breath test, which Respondent failed. A secondary chemical test of Respondent’s breath indicated that Respondent’s blood alcohol content was .157. The Department of Motor Vehicles (DMV) subsequently revoked Respondent’s privilege to operate a motor vehicle in the State for the offense of driving under the influence of alcohol (DUI). The Office of Administrative Hearings (OAH) reversed the DMV’s order of revocation, finding that the sobriety checkpoint deviated from the police department’s “DUI Sobriety Checkpoint Operations Manual” and that those deviations rendered Respondent’s arrest unlawful. The circuit court affirmed the order of the OAH and reinstated Respondent’s driver’s license. The Supreme Court reversed the circuit court’s order and remanded for reinstatement of the DMV’s revocation order, holding that the sobriety checkpoint at issue was legally valid and that Respondent’s arrest for DUI was lawful.