People v. Winchester

Defendant was convicted, after jury trial, of aggravated DUI. Court properly denied Defendant's motion to suppress evidence. Officer was acting in his community caretaking capacity when he approached Defendant's vehicle out of concern no one exited vehicle after 5 minutes at 1:20 a.m., then found Defendant slumped over the driver's seat. Defendant then showed symptoms of intoxication, and officer detected odor of alcoholic beverage, providing officer with reasonable, articulable suspicion. Court did not improperly consider Defendant's prior DUI convictions at sentencing.(STEIGMANN and APPLETON, concurring.)