"I Could Smell the Alcohol!" A False DUI Claim

  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

"I Could Smell the Alcohol!" A False DUI Claim

We often say that we can smell the alcohol on a person’s breath, but when we make that claim we are actually referring to the scent of the beverage. Alcohol itself is actually odorless, so people who think that they are smelling this intoxicating substance aren’t entirely right. They smell the beverage that contains the alcohol. For example, beer has a very pungent smell. Yet if you purchase non-alcoholic beer, you’ll find that it actually has the exact same scent as a normal beer. While the yeast-like aroma of the beer may bring to mind a warning that there is alcohol involved, police are required to take blood and breath test. Scents can be misleading.

Along with being misleading, scents can bring on false charges. A person who smells like he or she has been drinking exorbitant amounts of alcohol may have only had a little bit. Maybe the alcohol spilled on his or her shirt, causing that person to reek of beer or wine. Judging a person’s level of consummation on how they smell is entirely unprofessional and can be very deceptive. In fact, research has shown that odor strength is entirely unrelated to a person’s BAC.

Some people who smell of beer register a 0.0 BAC, partially because someone may have spilled alcohol on them or given them a non-alcoholic beverage that mimics the taste and smell of something that is intoxicating. In one experiment, police were told to guess a person’s BAC based on the scent on their breath. They were almost always inaccurate. Therefore, if you were charged with a DUI based on the fact that you “smelled like alcohol” then you need to hire a DUI attorney and combat the charges. Convicting someone based on their scent at the time of arrest is entirely unprofessional and illegal.

Categories: DUI, DUI Accidents, DUI Defense
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

Subscribe to Our Newsletter

Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
Located at 23046 Avenida De La Carlota, Suite 125
Laguna Hills, CA 92653.
View Map
Phone: (877) 384-7833
Local Phone: (949) 585-7400
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 877.384.7833
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.