¶1concurring.
¶2I agree that Officer Hainje had probable cause to believe that Dalton was operating his vehicle under the influence of a controlled substance rather than under the influence of alcohol.
¶3I do not, however, subscribe to the majority’s view that because Dalton “may have” operated the vehicle while under the influence, such speculative conclusion provides the requisite probable cause. Officer Hainje must have had reasonable cause to believe that Dalton probably in fact did so. In the case before us Officer Hainje did have such reasonable cause.
¶4Subject to this caveat, I concur.