Kazelka

BACKGROUND

Factual Background A member of the public observed Kazelka swerving and driving extremely slowly and reported him to law enforcement. That individual provided Kazelka’s license plate number and a description of his vehicle to the police. California Highway Patrol Officer Phillips responded to the complaint, observed similar driving patterns, and conducted a traffic stop. When Officer Phillips informed Kazelka that an individual observed his driving and was concerned he was intoxicated, Kazelka acknowledged he had been drinking “too much” and was “drunk.” Officer Phillips had Kazelka exit his vehicle and asked Kazelka if he was willing to take field sobriety tests. Officer Phillips stated, “It’s completely up to you as to how many of them you do . . . . I want to give you the best opportunity to show that you’re under the limit.” Kazelka responded, “Whatever you want to do . . . . Sure, why not.” During the tests, Kazelka struggled to follow direction, lost his balance, and did not properly count. Officer Phillips then informed Kazelka “we’re going to do” a preliminary alcohol screening (PAS) test, and “California requires that I give the admonition for it.” However,…