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Odor of Alcohol on The Breath
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Definition of Odor of Alcohol on The Breath
Odor of alcohol on the breath is one of the most commonly sited statements of evidence of intoxication made by law enforcement officers during a DUI arrest. Testimony of alcohol on the breath can be a damaging piece of DUI evidence, especially if presented to a jury.
DUI lawyers can challenge police statements that the driver had an odor of alcohol on their breath either by demonstrating that the source of the smell is not the alcohol itself but the odor from certain types of drinks. Some drinks that are not alcoholic beverages, such as near beer, may have a similar smell as regular beer but contain no alcohol.
The bottom line of "odor on the breath" is that it is not a clear indicator of the intoxication level of a driver. Many beverages that leave the strongest odor, such as beer, have the least amount of alcohol per ounce.
Related Links
- Intoxication -- intoxication as defined and described by www.duiattorneyhome.com.
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