Preliminary Breath Test

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test). Defendant claimed that the officer failed to prove by clear and convincing evidence that he had reasonable grounds to request that the defendant submit to a PBT and, further, that the officer failed to testify specifically as to the defendant’s performance on the field sobriety tests. The Court held that the officer had reasonable grounds to believe that the defendant operated under the influence because, in addition to observing the defendant stumble and sway from side to side while walking down the side walk, enter and exit a liquor store, then proceed to get into a vehicle and drive, the defendant had red and bloodshot eyes, he emitted an odor of alcohol, and he admitted to consuming alcohol. Accordingly, the Court sustained the violation against the defendant.City of Providence v. Dennis P. Lonardo, C.A. No. T11-0063 (February 6, 2012).pdf