MOTOR VEHICLE ADMINISTRATION v. JEFFREY THOMAS GONCE
Court of Appeals, Watts, Filed Jan. 22, 2016,
Drug Test – Automatic License Suspension – Where officer has reasonable grounds to believe driver to be impaired by drugs, may request driver take drug test and MVA may suspend license for refusal (even if driver took and passed alcohol test)

Judge Watts REALLY digs in to the research in this opinion. Footnotes bemoan the lack of officer first names in the record and go into exhaustive detail regarding the transportation article.

Drug Impairment – Reasonable grounds to request drug test where driver presented the following clues:

[Horizontal gaze nystagmus], [Lack of convergence], Droopy eyelids on the nod, Low raspy slow speech, Facial itching, Little reaction to light[, P]sychophysical impairment, 0.00[0 Breath alcohol concentration], Slurred speech[,] Dry mouth, [C]onfused[.]