Xenia v. Wallace

H. BROWN, J. The conflict between the appellate courts centers around which party has the burden of going forward with evidence to show
probable cause, or lack thereof, for the administration of a breathalyzer test. We hold that the state has the burden of going
forward with evidence to show probable cause once the defendant has demonstrated a warrantless search or seizure and has raised
lack of probable cause as a ground for attacking the legality of the search or seizure.