People v. Wehmas

Summary

The court held that a first-time DUI, although a misdemeanor, is sufficiently grave because it is jailable and may therefore support warrantless home entry when exigent circumstances otherwise exist. It nevertheless upheld suppression because gradual BAC dissipation did not create a sufficiently immediate exigency on these facts, and officers had time to seek a warrant and no demonstrated inability to secure the apartment. A separate opinion agreed that DUI was sufficiently grave but would have remanded for reconsideration of exigency under the corrected legal standard.