DUI Without Driving?

Our DUI Attorneys in Chicago found this case from Wisconsin to be interesting as it seemed to create a new law, attempted DUI.

Appeals Court Nullifies Drunk “But Not Yet Driving” Offense

PEWAUKEE, Wis. (WTAQ) – A state appeals court nullified a drunk driving arrest today against a woman who was nabbed in Pewaukee before she could even start her car.

Brittany Meye was arrested in January of last year, just after she got into her car at a gas station. A police officer approached her, noticed a strong scent of alcohol on her breath, and arrested her before she could start the car and pull away.

The Second District Court of Appeals in Waukesha said it’s wrong to suspect that a driver is drunk, just by smelling alcohol on people’s breaths before they get behind the wheel.

The saddest part of this entire case is that the woman was actually convicted before the Appellate Court stepped in.