“Strong Odor of Alcohol on the Suspect’s Breath”
It has been a long, long, long time since I have seen a report from a DUI arresting officer that didn’t say that the officer smelled a ”strong odor of alcohol on the suspect’s breath.” But alcohol (ethanol) has no odor. It is the mixing agent, or the flavoring, that produces the odor.
The officer is smelling all the other ingredients associated with the alcohol, and thinks it is alcohol, but he cannot say that he smelled a “strong odor of alcohol” without being shown to be biased and just wrong. The “odor of alcohol” doesn’t matter. It may indicate that a person has consumed alcohol; it may not.
And the odor itself certainly cannot be used to determine how much the person has consumed — or what they drank, or when. All the ”odor of alcohol on the breath” offers is that a DUI suspect probably consumed some alcohol recently. But it does not provide evidence that the person drank enough to be “under the influence” or to have the requisite BAC of .08 or higher.
If you or a family member have been arrested in Mississippi for DUI and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.
Or you can e-mail me at clarence@guthriefirm.com.
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[...] See Part 4 of How to beat a DUI in Mississippi. [...]