State v. Goss
Annotate this CaseJason Goss was pulled over for a traffic stop, after which the officer discovered that Goss had a revoked license and, due to four prior drunk driving convictions, was subject to a .02 prohibited alcohol content (PAC) standard. While arresting Goss for the license offense, the officer noticed the odor of alcohol and asked Goss to provide a breath sample for a preliminary breath test (PBT). Goss was subsequently convicted for fifth offense drunk driving. The court of appeals affirmed. At issue on appeal was whether the officer's request for a PBT sample was made in violation of Wis. Stat. 343.303, which states that such requests may be made only where there is probable cause to believe the driver is operating a vehicle in violation of one of the statutes related to drunk driving. The Supreme Court affirmed, holding that under these circumstances, where Goss was known to be subject to a .02 PAC standard, the officer knew it would take very little alcohol for Goss to exceed that limit, and the officer smelled alcohol on Goss, there was probable cause to request a PBT breath sample.
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