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State v. Huling8/24/2000
a five-hour period would be alcohol impaired. That reasonable belief would provide probable cause to arrest.
. Huling's admission that she consumed six to ten drinks is similar to the defendant's statement in State v. Wille, 185 Wis. 2d 673, 683, 518 N.W.2d 325 (Ct. App. 1994). There, the defendant hit a parked car, the officer smelled intoxicants, and the defendant stated that he had "to quit doing this." Id. The court interpreted the defendant's statement as evidence of his consciousness of guilt. See id. at 684. Similarly, while Huling's admission of consumption of alcohol is not an admission of guilt, it, together with the one-car accident and the strong odor of intoxicants, made it probable that Huling was driving impaired.
CONCLUSION
. Based on Hodges' reasonable belief that Huling was driving while impaired, we conclude he had probable cause to arrest her. At the time of arrest, Hodges knew that: (1) Huling's car hit a tree in a one-vehicle accident; (2) she smelled strongly of alcohol; and (3) she admitted consuming ten drinks in a five-hour span prior to the accident. A reasonable officer with Hodges' experience would have probable cause to arrest Huling.
Judgment affirmed.
Not recommended for publication in the official reports. See Wis. Stat. Rule 809.23(1)(b)4 (1997-98).
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