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Sixth Circuit holds drunken driving arrest after refusal of sobriety test is not violation of due process

Michael Kinlin was arrested for drunk driving.  After he was acquitted, he sued the arresting officer arguing that the officer had violated his constitutional rights by arresting him for failing to give a breath test.  The officer's dashboard video showed Kinlin changing lanes with only about 2' of clearance in front of another care.  When stopped, Kinlin admitted he had consumed alcohol and the officer said he smelled of alcohol.  Kinlin refused to give a PBT.  The officer then charged him with operating under the influence.

Even though Kinlin was ultimately acquitted of the alcohol charge, the court concluded that there was enough evidence to constitute probable cause to arrest for drunk driving.  Therefore the office had not violated Kinlin's civil rights.  The summary disposition of his case was upheld.

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