People v. Kubuugu

JUSTICE BOATRIGHT delivered the Opinion of the Court.

*1215 ¶1 We must decide whether the trial court, in a case involving drinking and driving, abused its discretion when it allowed a police officer to testify as a lay witness about his ability to detect the smell of metabolized alcohol and, based on that metabolized odor, opine on how much alcohol the defendant ingested and when he did so. We hold that the court abused its discretion and that the error was not harmless. We therefore affirm the court of appeals' decision.

I. Facts and Procedural History

¶2 Deputy Luton witnessed a car driven by…