Although I do not practice law in the State of Wisconsin, here are my initial impressions. In any criminal matter, the state must prove their case "beyond a reasonable doubt", therefore, if the state is relying solely upon the officer's sense of smell, then the state's evidence may be very weak and you may have a defensible case. Moreover, if you were never offered a breathalizer, blood, or urine test, you may have other grounds to defend this charge. I suggest that you hire an attorney to discuss these defenses in greater detail. Good luck.

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