Does the “Odor of an Alcoholic Beverage” Mean I’m Intoxicated?
Absolutely not. While the smell of alcohol can be a factor that the police use against you, the odor alone is not enough to convict you of driving while intoxicated. Importantly, it is impossible to tell how much a person drank from the odor of alcohol alone. It is also important to note that “alcohol” itself has no odor; rather, the alcoholic beverages which we consume have a familiar odor.
If you are alleged to have been asked to submit to a breath test because you smell like alcohol, contact DWI attorney Richard Hochhauser for a free consultation.