People v. Patel

Defendant was charged with misdemeanor DUI. Court erred in granting Defendant's motion to quash arrest and suppress evidence. Seeing Defendant's glassy eyes, smelling alcohol from Defendant and the vehicle, and hearing Defendant admit to drinking 2 1/2 IPAs provided officer with reasonable suspicion that Defendant might be committing DUI. These observations occurred simultaneously with the traffic stop, and once officer had the reasonable suspicion, he did not unlawfully prolong the valid traffic stop by having Defendant submit to field sobriety testing. (STEIGMANN and HOLDER WHITE, concurring.)