Officer Smelling Alcohol and Driver Admitting to Drinking Does Not Alone Create Probable Cause to Arrest for OVI

NO PROBABLE CAUSE TO ARREST FOR OVI WHERE OFFICER SMELLED ALCOHOL AND DRIVER ADMITTED TO HAVING ONLY A FEW DRINKS The Ohio Court of Appeals in State v. Hopp, 2016-Ohio-8027 held there is little indication of physical impairment where the state’s only evidence is: the officer smelled alcohol, the Defendant’s