A 41-year-old Gardnerville woman who allegedly stole a bottle of wine while topless and intoxicated was allowed Monday to participate in a program designed to keep felony drunk drivers out of prison.
Brandi Smith pleaded guilty to her third conviction of driving under the influence within seven years.
Her blood-alcohol content was .37 more than four times the legal limit for driving.
She told District Judge Michael Gibbons she couldn't remember any details of the May 10 incident when she drove drunk in a Corvette from her Gardnerville Ranchos home in a snow squall, walked into Scolari's topless, stole a $20 bottle of wine, and walked out.
She got back into the car and drove toward a nearby Burger King where she stopped by the entrance to the drive-through with a tire over the curb and in the landscape.
An off-duty sheriff's deputy caught up with the suspect, removed the keys from the ignition, recovered the wine and held the driver's door closed to keep her in the vehicle until deputies arrived.
Smith was taken to Carson Valley Medical Center for treatment. A preliminary breath test indicated her alcohol content at .144. A blood test revealed Smith to be at .37.
Smith's lawyer, Tod Young, said Monday she had no recollection of the event.
"My earliest memory is waking up in the hospital," she said. "This happened on a Monday. My last recollection was the Saturday before."
Smith is serving a 170-day sentence in Douglas County Jail for a probation violation stemming from an incident in November when Smith stole beer from a convenience store.
Smith was granted the 3-5-year diversion program as long as she participates in mental health court in Carson City.
Young said his client suffered from "situational depression" as opposed to a bipolar diagnosis or chemical imbalance.
"She ended a long-term relationship and managed her sadness through alcohol," Young said.
He said Smith was not taking medication and could be treated through therapy.
Gibbons set sentencing for Aug. 16, pending completion of a pre-sentence report. He told Smith to begin attending biweekly DUI court sessions next week.
If she is accepted in the program, her sentence is deferred.
