Relevance of Breath-Alcohol Odor in a Riverside DUI Case

Police officers take note of every action a suspect makes and typically has all the suspect’s actions written in the police report. One of the more common actions that is included in the arrest report is the odor of alcohol coming from the suspect’s breath. In fact, an alcoholic breath is a symptom that is virtually always encountered in drunken driving cases. If, on the very rare occasion, odor on the breath is NOT on the police report, the suspect will be charged with driving under the influence of drugs.

Even though it is the most common symptom of a DUI and, essentially, assumed to be on the police report, alcohol on the breath is still the most damaging evidence. Unless there is a clear explanation as to why there is an alcoholic odor coming from the suspect, the jury will weigh that piece of evidence heavily. Juries typically believe that when there is alcohol on the breath, that there is alcohol in body. And when there is alcohol in the body, the driver was intoxicated.

An experienced DUI attorney will know how to question the alcoholic breath. The most successful ways are:

1. Questioning where the smell came from
2. Questioning the final conclusion of intoxication (or questioning both areas).

The actual substance of alcohol does not have an odor; hence the individual is not emitting an odor of alcohol. The odor the officer smells in the flavor of the specific drink. That odor can be misleading with regards to how strong the drink was or how many of the drinks were consumed. Beverages such as beer and wine will leave a much stronger odor on an individual’s breath compared to the odor left behind by several martinis.

Perhaps a simpler example of this is non-alcoholic beer. Except for the presence of alcohol, non-alcoholic beer has the exact same ingredient list as their alcoholic counterpart. Non-alcoholic beer also leaves behind the same odor on the breath as alcoholic beer. Thus, if a person was drinking only non-alcoholic beer they would have that same “odor of alcohol” on their breath when in fact there is no alcohol in the individual’s system.

The existence of an “alcoholic” odor is only an indication that a beverage that is typically connected to alcohol was consumed recently. It is NOT an indication of the amount of alcohol consumed. In fact, there is no definitive relationship between odor and the number of alcoholic beverages consumed. There is also no correlation between odor and the strength of an alcoholic beverage. Remember, drinks such as beer and wine when compared to other alcoholic drinks are not as strong; but they leave a stronger odor on the breath.

Breath-Alcohol Odor
Details on the symptoms an officer will be searching for during the initial detainment of a scene.

Breath Alcohol Smell
Noted California drunk driving defense attorney discusses validity of alcohol on the breath as intoxication evidence.

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