Defenses Against Officer Smell Alcohol in Wisconsin

Question: What are some defenses against an officer’s claims that he or she smelled an odor of alcohol at the time of your arrest in Wisconsin?

Answer: An officer smelling the odor of alcohol isn’t that bad of a fact in your case. We’re allowed to drink and drive in Wisconsin; we just can’t drink and be impaired or over the limit. So the mere fact that there’s an odor of intoxicants is not even enough to start doing field sobriety testing, let alone arrest.


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