Missouri Court of Appeals, Western District / Aug 7, 2018
Carlos Rocha vs. Director of Revenue
Carlos Rocha appealed the circuit court's judgment affirming the Director of Revenue's decision to revoke his driving privilege for one year due to his refusal to take a chemical test. Rocha contended that the finding of reasonable grounds to believe he was driving while intoxicated was not supported by substantial evidence. The appellate court reversed, holding that the smell of intoxicants and bloodshot eyes alone were insufficient indicia of intoxication to establish probable cause for arrest, especially without other signs of impairment or recent alcohol consumption.