Criminal Defense in Orange County

The Arresting Officer Claims There Was Alcohol on My Breath

Experienced attorneys have heard arresting officers cite a smell of alcohol on a defendant's breath countless times. However, this is actually very poor evidence that the defendant was intoxicated. If the arresting officer claims that your breath smelled of alcohol, your attorney can simply point out that the strength of that smell doesn't correlate to the amount of alcohol consumed.

Indeed, some of the drinks with the lowest alcohol content have the strongest smell—compare for example, beer and vodka. The primary reason for this is that it is the smells associated with alcohol are not actually from the alcohol itself, but from the other substances in alcoholic beverages, such as the hops in beer and the fruits in wine. Alcohol itself does not have much of an odor once it has been vaporized—which is why experienced officers are always careful to say that they smelled an "alcoholic beverage" rather than saying that they smelled "alcohol."

Furthermore, studies have shown that it is nearly impossible for even experienced officers to tell how much and what kind of alcohol a person consumed just by smelling their breath. Your DUI defense attorney can cite these studies if the arresting officer makes the mistake of claiming that he is able to tell the quantity and type of alcohol you are alleged to have consumed.

If you have been charged with a DUI in Orange County, an experienced criminal defense attorney is your best bet to fight those charges. Call today for a free initial consultation.

Categories: