PC to Arrest Civil Rights Plaintiff with .02 BAC Existed

Titus v. Ahlm, 2008 WL 4726233 (10/28/08) (unpub'd) - In a civil rights case, the officer had probable cause to arrest the plaintiff, even though he only blew a .02 on the breath alcohol test because in New Mexico DWI can be impairment "to the slightest degree." The plaintiff did have watery and blood shot eyes, said he had drunk a beer and failed two of the ever-reliable field sobriety tests.