DUI Evidence: Odor Of Alcohol On A Driver’s Breath

DUI Lawyer in Orange County

In virtually every DUI trial in Orange County, except where the DUI is allegedly based on DUI drugs, the arresting officer testifies that he smelled an odor of an alcoholic beverage on the driver’s breath. Usually, the cop says it was a “strong” odor but every once in a while they will say the odor was moderate. Most DUI cops and Orange County DUI Attorneys know that methyl alcohol actually has no odor at all. It is the beverage’s flavoring that actually gives off the odor associated with alcohol. And when DUI cop testifies that this strong odor is consistent with intoxication, a skilled DUI Attorney in Orange County can turn this against the officer and perhaps discredit his entire testimony.

The fact is, there is absolutely no correlation between the strength of the odor of an alcoholic beverage and the blood-alcohol level. A recent study shows that it is impossible to predict blood-alcohol levels or level of impairment in a DUI case based on the odor of an alcoholic beverage on one’s breath. In fact, you cant even tell WHAT a person was drinking by the odor. Moreover, DUI Lawyer in Orange County know that the beverages with the lowest alcohol concentration actually produce the strongest odor. Beer and wine produce a far stronger odor of an alcoholic beverage than do whiskey, gin, or other “hard alcohol”. The odor produced by a single beer is usually stronger than the odor produced by four of five mixed drinks. Furthermore, drinking non-alcoholic beer will produce this same odor even though there is no alcohol at all.

Furthermore, the odor of an alcoholic beverage provides no clue as to when the beverage is consumed. A “strong” odor of an alcoholic beverage can be produced immediately by drinking a small amount of beer or wine. It can also be produced by drinking a large amount of an alcoholic beverage. There simply is no correlation between the strength of the odor and when the beverage was consumed. Thus, the odor of an alcoholic beverage gives absolutely no information about WHAT a person drank, HOW MUCH alcohol a person consumed, or WHEN the person consumed it.

With this in mind, DUI Attorneys in Orange County will often cross examine the arresting DUI officer in such a way as to cement the officer’s reliance on this odor of an alcoholic beverage as a factor in determining that the driver was DUI. At the very least it shows that the officer, once having smelled the odor, was biased against the driver from that point on. If the officer relied on the odor to conclude that the driver was under the influence of alcohol, the entire testimony of the officer can be discredited.

If you have been charged with a DUI in Orange County and would like to talk with an experienced Orange County DUI Lawyer, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation if free and confidential. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorney