David Prior Wilmoth v. Director of Revenue

Summary

The Court affirmed the suspension of Wilmoth’s driver’s license, holding that the numerical result of a pre-arrest preliminary breath test may be admitted to determine whether an officer had probable cause to arrest, although it may not be used to prove the driver’s actual blood alcohol content. The Court also held that the surrounding circumstances, including the test result, supported the circuit court’s probable-cause finding under both substantial-evidence and against-the-weight-of-the-evidence review.