State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp.
The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given the following (in addition to which, Webley admitted having had two beers):
¶8 … (1) Dolin observed an open 30-pack of beer beside Webley on the seat of the car; (2) Dolin smelled alcohol coming from the vehicle; (3) when Dolin asked for his license, Webley initially offered his credit card; (4) when Dolin ran Webley’s driving record he discovered that Webley’s driving privileges were presently revoked and that Webley had a number of prior convictions for OWI, sufficient to lower the blood alcohol level for OWI from 0.08 to 0.02; and (5) although Dolin told Webley not to smoke, he did so anyway.
