FINE, J.
¶ 1 Christopher J. Felton appeals the judgment entered on his guilty plea convicting him of a fourth offense drunk driving under WIS. STAT. §§ 346.63(1)(a) and 346.65(2)(am)4m.
¶ 2 Daniel Courtier, a sergeant with the Whitefish Bay police department, arrested Felton for drunk driving on an early January morning. Courtier was the only witness to testify at the suppression hearing. He told the trial court that he was on routine patrol when he saw Felton's car linger unusually long at a stop sign. Courtier watched the car then stop appropriately at a flashing red-lights traffic-control signal but go right through another stop sign at approximately twenty miles per hour, not even slowing down. Felton then obeyed another stop sign.
¶ 3 Sergeant Courtier stopped Felton, and testified that Felton's "eyes were glassy and bloodshot." Courtier also said that he "could detect a strong odor of intoxicants coming out of the" car. He asked Felton "if he had consumed any alcoholic beverages." Felton said that he had, and the video/audio tape of the stop indicated that Felton said that he had three beers, two hours earlier. There was a passenger in Felton's car, and Courtier took Felton away from the car and "had him walk over to the sidewalk" in order to "to make sure [the odor was] actually coming from the driver, which I verified [it was]." As noted, Felton was the driver. Courtier said that Felton cooperated fully and that his responses to Courtier were appropriate.
¶ 5 The trial court ruled that even though Felton passed the properly given field-sobriety tests (although it counted the one minor misstep in the Walk-and-Turn test as a "clue" indicating possible intoxication), Sergeant Courtier had the requisite probable cause to give Felton a preliminary-breath test. When the results indicated that Felton may have been driving in violation of WIS. STAT. § 346.63(1) (unlawful to drive "[u]nder the influence of an intoxicant" or with "a prohibited alcohol concentration"), Courtier arrested Felton for drunk driving.
¶ 6 As noted, Felton claims on appeal that Courtier did not have probable cause to give him the preliminary-breath test, and, also, that there was no evidence that the preliminary-breath-test instrument was approved or properly calibrated. He does not, however, dispute that the results of that test gave the officer probable cause to arrest him.
¶ 7 WISCONSIN STAT. § 343.303, provides, as material here:
¶ 8 This section does not require that the officer have probable cause to arrest a driver for drunk driving before giving that driver a preliminary-breath
¶ 9 As Renz explained, the "probable cause" concept has various roles in the law, depending on what is at issue. See Renz, 231 Wis.2d at 304-305, 308-309, 310-311, 603 N.W.2d at 546-547, 548, 549-550. "The question of probable cause must be assessed on a case-by-case basis, looking at the totality of the circumstances. Probable cause is a `flexible, common-sense measure of the plausibility of particular conclusions about human behavior.'" State v. Lange, 2009 WI 49, ¶ 20, 317 Wis.2d 383, 392, 766 N.W.2d 551, 555 (probable cause to arrest) (footnotes and quoted source omitted). The common-sense inquiry here is thus what did Sergeant Courtier know that led him to give Felton a preliminary-breath test. The Record reveals the following:
¶ 10 That Felton successfully completed all of the properly administered field-sobriety tests does not, as Felton argues, subtract from the common-sense view that
¶ 11 Felton argues that the trial court erroneously accepted the results of his preliminary-breath test as establishing probable cause for his drunk-driving arrest because the State did not first establish that the measuring device "had been subjected to some level of testing and calibration, and approved by the Department of Transportation." The trial court overruled his objection, noting that no statute prohibited receipt of the results of a preliminary-breath test given under WIS. STAT. § 343.303 "for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63(1)." On our de novo review of the legal issue of evidentiary admissibility, see Lievrouw v. Roth, 157 Wis.2d 332, 348, 459 N.W.2d 850, 855 (Ct.App.1990) (A decision to receive or exclude evidence must be made "in accordance with accepted legal standards and in accordance with the facts of record.") (some quotation marks omitted; quoted sources omitted), we agree.
¶ 12 First, although Felton argues that because the blood-alcohol level revealed by a preliminary-breath test is relevant "to show probable cause for an arrest, if the arrest is challenged," WIS. STAT. § 343.303, the preliminary-breath test is a "quantitative" test that requires the same or similar assurances of accuracy that is needed before the results of blood-alcohol tests may be received as evidence at trial. See WIS. STAT. § 343.305(6)("(a) Chemical analyses of blood or urine to be considered valid under this section shall have been performed substantially according to methods approved by the laboratory of hygiene and by an individual possessing a valid permit to perform the analyses issued by the department of health services." The rest of subsection (6) sets out lengthy criteria that must be met before the analyses may "be considered valid" under § 343.305(6)). As the trial court noted correctly, though, no statute similarly preconditions the use of the preliminary-breath test when it is used by a law-enforcement officer "for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63(1)." § 343.303. Absent a statute that compels such a result in connection with a blood-alcohol testing device, the proponent need not show compliance with administrative rules, see City of New Berlin v. Wertz, 105 Wis.2d 670, 671-673, 677, 314 N.W.2d 911, 911-912, 914 (Ct.App.
¶ 13 Second, preliminary-breath tests "are routinely relied on to establish probable cause for arrest." Fischer, 2010 WI 6, ¶¶ 7, 36, 322 Wis.2d at 274, 292-293, 778 N.W.2d at 633, 642. Indeed, as we have seen, this is the legislature's command, as reified in WIS. STAT. § 343.303, and if the legislature deemed that evidence of approval or certification was a necessary prerequisite to use of the preliminary-breath test it would have so provided. See Progressive Northern Ins. Co. v. Romanshek, 2005 WI 67, ¶ 52, 281 Wis.2d 300, 330, 697 N.W.2d 417, 431 (legislative silence in face of court interpretations).
¶ 14 The trial court did not err in concluding that Sergeant Courtier lawfully arrested Felton.
Judgment affirmed.