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The Officer Says You Smelled of Alcohol. Sacramento DUI Attorney Explains Why That Testimony is Insignificant
Sacramento DUI attorneys know that in virtually every DUI case, the arresting officer will testify that the defendant smelled strongly of alcohol when he or she was pulled over. This testimony may sound bad for your case. But is it? Not if you are represented by a competent Sacramento DUI attorney. A good DUI attorney knows that the odor of alcohol is not compelling evidence for two reasons.
Alcohol Has No Odor
The smell associated with an alcoholic beverage is actually not alcohol at all, but flavoring added to give the beverage its characteristic taste. In fact, some beverages with the lowest concentration of alcohol actually have the strongest smell. Beer has a stronger smell than scotch, for example. And vodka is nearly odorless. Similarly, “near beer” smells just as strong as beer, yet it contains virtually no alcohol.
Experienced officers are aware of this fact. Typically they will testify that they noticed the odor of an “alcoholic beverage,” rather than the “odor of alcohol.” A knowledgeable Sacramento DUI attorney will get the officer to acknowledge the distinction and to admit that what he or she smelled was nothing more than flavoring.
The Strength of the Odor Has No Correlation With the Amount ConsumedThere is no scientific evidence that the amount a person has had to drink can be determined from how strongly the person smells of alcohol. A person who has had a single beer may smell more strongly of alcohol than a person who has had several shots of vodka. Under cross-examination by a Sacramento DUI attorney, most officers will concede this point.
Contact a Sacramento DUI AttorneyIf you are facing DUI charges and would like to consult with experienced Sacramento DUI attorney Param Pabla, call us at (916) 285-7900.
