Odor of Alcohol in a DUI

Believe it or not, the odor of alcohol alone can be enough to result in a DUI arrest. Officers regularly cite “odor of alcohol” on police reports when they are documenting their observations during a DUI arrests. However, the fact of the matter is that the odor of alcohol does not mean that someone is intoxicated.

Odor and Alcohol Content

You may be surprised to learn that drinks with higher alcohol content often do not have any odor of alcohol. For example, beer can have an alcohol content as low as 3.9% and has a strong order. Vodka, on the other hand, has an alcohol of content of 40% and yet has virtually no odor at all.

What Else Smells Like Alcohol?

Other substances may cause an individual to have an odor of alcohol on his or her breath, including:

• Mouth wash
• Throat spray
• Cough syrup

More For Probable Cause

In short, simply smelling alcohol on a suspected drunk driver’s breath is not enough probable cause to warrant an arrest. If you have been arrested and charged with DUI after an officer alleged that you had the odor of alcohol on your breath, call the Edge Law firm today.

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