Alcohol & Drugs: DUI, DWI DUI stop for smell of alcohol

[Duiquestions]

Jurisdiction

New Jersey

I live in New Jersey and was with my friends in New York City for a fun night. Was a tough one. Drove back to New Jersey and was stopped by a police officer for suspected DUI. The police officer said that I smelled of alcohol. That may be true because someone spilled beer all over me. But I wasn't drunk. And it's pretty clear that I was lucid and aware and in full control of myself. I have a few questions.

1. Under what circumstances can a police officer stop you for a suspected DUI and require you to take a sobriety test?

2. Can they arrest you for suspected DUI just from the smell of alcohol?

 

[army judge]

I live in New Jersey and was with my friends in New York City for a fun night. Was a tough one. Drove back to New Jersey and was stopped by a police officer for suspected DUI. The police officer said that I smelled of alcohol. That may be true because someone spilled beer all over me. But I wasn't drunk. And it's pretty clear that I was lucid and aware and in full control of myself. I have a few questions.

1. Under what circumstances can a police officer stop you for a suspected DUI and require you to take a sobriety test?

2. Can they arrest you for suspected DUI just from the smell of alcohol?

Never argue legal fine points and niceties when confronted by law enforcement.

If you do, you'll lose.

I suggest cooperation and compliance in all dealings with the police.

Now, that doesn't mean you can't avail yourself of your right to remain silent.

Recognize that any other refusal to comply will be considered resistance. If asked to do a field sobriety test, just do it. You can still be arrested for DUI even if you refuse.

The issue of "smelling" alcohol can be torn apart in court by a good lawyer. Smart police officers never say they smelled alcohol, because alcohol as no odor. But, don't argue that, just remember it for later use at trial.

As far as what a LEO can do at 2:00AM, or 2:00PM, almost anything related to the performance of her or his duties. I always advise my clients to be polite, don't argue, go with the flow, take note of things for later use. That's EXACTLY what a good officer is doing, too.

 

[adjusterjack]

alcohol as no odor

Hah!

Years ago I was a cab driver, transporting drunks from one bar to the next.

Yeah, you can smell alcohol on drinkers.

 

[army judge]

Hah!

Years ago I was a cab driver, transporting drunks from one bar to the next.

Yeah, you can smell alcohol on drinkers.

No, you smell the "stuff" in alcoholic beverages. Alcohol is colorless and odorless.

I've gotten several clients off on the assertion the officer smelled alcohol.

 

[adjusterjack]

1. Under what circumstances can a police officer stop you for a suspected DUI and require you to take a sobriety test?

An officer can stop you for any number of circumstances. All he needs is to be able to express a reasonable suspicion that any kind of violation is occuring.

He may suspect DUI if the car is weaving, if you are going too fast, or too slow, or he might pull you over for other reasons and then suspect you of DUI when he approaches and you open the window.

2. Can they arrest you for suspected DUI just from the smell of alcohol?

WERE you arrested? Were you cited?

It's unlikely that anybody gets arrested just for the smell of alcohol. Something else likely happens between the smell and the arrest or citation.

Like a field sobriety test or breathalyzer.

You're leaving out a bunch of important details about your traffic stop.

 

[Highwayman]

You didn't get stopped because you smelled like alcoholic beverage. How would THAT be possible?

You were stopped for some other reason or reasons which could have been clues that you might have been intoxicated. Then while interviewing you the officer became aware that you reeked of alcoholic beverage.

So you had nothing to drink that night? Not at all?

Did you take the field sobriety tests or refuse? Were you given a breath test at the police station and if so what were the results?

 

[Highwayman]

No, you smell the "stuff" in alcoholic beverages. Alcohol is colorless and odorless.

I've gotten several clients off on the assertion the officer smelled alcohol.

When I took the breath test operator's course this was stressed over and over again. The odor comes from the congeners in the beverage, not the alcohol itself.

 

[army judge]

When I took the breath test operator's course this was stressed over and over again. The odor comes from the congeners in the beverage, not the alcohol itself.

As usual, you're smack on with your understanding and execution of your law enforcement duties.

Truth is, most police officers perform their duties as perfectly as their humanness allows.

As with most professions, lawyers too, it's the 2% that ruin it for the other 98%.

Thank you for your service to your county, state, and our nation.

Without law enforcement, the vandals would destroy all of us.

 

[Highwayman]

Thank you for the kind words, Judge. They are greatly appreciated!