State v. Wilhelm

Shannon Wilhelm was charged in District Court with driving while intoxicated (DWI) after an officer found him behind the wheel of a vehicle stopped on the inside shoulder of 1-5. Wilhelm appeared intoxicated and smelled of alcohol. After he failed field sobriety tests, he refused a breath test. The District Court dismissed the charges, reasoning the State could not establish a prima facie DWI case absent a breath test or evidence that Wilhelm’s driving was affected. Because we cannot say as a matter of law the evidence is insufficient to show Wilhelm was driving under the influence, we…