Smelling DUI Overturned

Chicago DUI Lawyers have seen the faux reason for a DUI arrest more than once. The old, “well, the defendant smelled drunk” justification to ignore proper procedure.

Wisconsin: Court Overthrows DUI Conviction For Smelling Drunk
The Wisconsin Court of Appeals on Wednesday overturned the conviction of a woman arrested for driving under the influence (DUI) because she smelled of alcohol. Brittany A. Meye, 22, stopped for gas at a Kwik Trip gas station on January 22, 2009 just before 3:30am. A Pewaukee police officer claims that he caught the scent of intoxicating beverages as Meye and her passenger walked past him into the store. After a few minutes inside, the pair returned to their vehicle, and the officer arrested Meye as she got behind the wheel. The appellate court found the officer’s response inappropriate.

“It is against the law of Wisconsin to operate a motor vehicle while intoxicated,” Chief Judge Richard S. Brown wrote in an unpublished ruling. “But, although unwise, it is not against the law to drink and then drive.”
The arresting officer did not observe Meye driving dangerously or note any defective equipment on her vehicle that would have justified a traffic stop. He did not see anything about the way she walked to suggest intoxication. In fact, he could not even specifically state that it was Meye who smelled of alcohol.

The saddest part of this story? The girl was first convicted for driving drunk under those very set of facts. The Appellate Court had to reverse that decision. Only in the context of a DUI arrest would something this ridiculous happen.