¶1dissenting.
¶2I respectfully dissent from the majority’s conclusion that probable cause existed to believe that a non-consensual blood draw at the hospital would reflect a blood alcohol content in excess of 0.08. See I.C. § 9-30-5-1.
¶3Deputy White said that he smelled alcohol and that Frensemeier’s eyes appeared bloodshot and that his movements were slow, whether from injury or some other cause. Countering such observations or impressions, however, was Deputy White’s testimony that the defendant’s speech was clear, that there was no fact or circumstance that suggested defendant was drunk, and that he did not come away with *165the thought that Frensemeier was intoxicated. Taken in totality, Deputy White’s observations and impressions would not, in my view, lead a reasonable person to believe that a blood draw would demonstrate that a crime had been committed.
¶4I would reverse the ruling and remand with instructions to grant the Motion to Suppress.