DUI Suspect Tells Police ‘It Isn’t Illegal’ To Smell Alcohol

Vero Beach woman tells deputy that it isn't illegal for her to smell like alcohol.
Vero Beach woman tells deputy that it isn't illegal for her to smell like alcohol. (Photo: Indian River County Sheriff's Office)

VERO BEACH – A motorist called the Indian River County Sheriff’s Office last night after they witnessed a vehicle make a 360-degree turn at the intersection of Oslo Road and 20th Avenue SW in Vero Beach.

Kelly Costa Kelly, 54, was then seen driving south on 20th Avenue in her Kia Spectra and failing to stop at several stop signs, according to the report.

The deputy made a traffic stop and asked Kelly for her driver’s license, registration, and proof of insurance.

She was not able to provide a driver’s license for the deputy.

“While asking Kelly questions I could smell the strong odor of an alcoholic beverage emitting from her breath. Kelly had slurred speech, and watery/glossy eyes,” the deputy said.

Initially, Kelly told the deputy that she didn’t consume any alcohol.

“I told her I could smell the alcohol, and she said ‘Well it isn’t illegal,'” the report said.

Kelly ultimately told the deputy that she consumed approximately 2 Mikes Hard Tea/Lemonade alcoholic beverages.

She refused to perform field sobriety exercises and breath test.

A witness told the deputy that they saw Kelly make a 360-degree turn in the intersection before driving around the neighborhood. She was observed parking at several driveways with the lights off before driving again.

Kelly was arrested for DUI and transported to the Indian River County Jail.

According to jail records, Kelly was also arrested for DUI in 2008.

DISCLAIMER: Arrests and mugshots were made public by complaint affidavits, arrest affidavits, and police reports. All persons arrested are innocent until proven guilty.

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About Scott Lee
Scott Lee is a columnist and reporter for Sebastian Daily. Scott moved to Indian River County in 2015 and has been writing for various publications for approximately 30 years. Currently, he writes part-time and manages a featured column about local businesses in Sebastian and Vero Beach.