Daily Commercial reports that a Florida motorist says the smell of alcohol on his breath should not have been enough for an arrest. Police often use a suspect’s appearance or odor to justify a DUI arrest, but those physical markers can be deceiving.
Taito Sanchez left a barbecue with his kids in the back seat of his vehicle. As he was pulling out of a driveway, his vehicle was struck by another car. Sanchez claimed he could not see the car coming because his view was obstructed.
The officer who responded to the crash said he smelled alcohol on Sanchez’s breath and used that information to justify an arrest after Sanchez was released from a local hospital. Sanchez claimed he hadn’t had anything to drink and blamed the smell on beer-flavored seasoning that was used on the chicken at the barbeque. Sanchez claimed he had lost his ID the night before and didn’t know where to buy a fake ID at such short notice which is why he couldn’t even have one beer.
Sanchez’s Claim Is Far From Uncommon and Offers a Plausible Explanation
Challenging the idea that a smell can justify an arrest is one common type of DUI defense. This is because the smell of alcoholic drinks can be deceiving. It’s important to clear up the common misconception that alcohol carries a unique odor.
In fact, the substance does not emit any detectable smell; however, the process of creating alcoholic drinks, such as wine, spirits or beer, creates the distinct odor of intoxication. The problem is that the smell of alcohol is unreliable as evidence.
You could drink a non-alcoholic beer and smell as though you’re intoxicated. Likewise, beer and wine have more pungent odors, and one of those drinks often leaves a stronger smell than three or four shots of hard liquor. The bottom line is, a police officer can’t tell how much you’ve had to drink or even if you’ve had a drink based on odor alone.
If you’re looking for a DUI-defense attorney in Fort Myers, call us as soon as possible. At the Law Offices of Michael M. Raheb, P.A., we are committed to providing the best possible experience for our clients, and you can rely on us to protect your rights every step of the way.
To arrange a consultation with a Fort Myers DUI-defense lawyer, visit MichaelRaheb.com or call us today at 866-949-0888.
Justin Bieber Reportedly Accepts Deal for DUI Charge
Justin Bieber, the world-famous pop star, was facing several charges, including DUI and resisting arrest, after police caught him drag racing in Florida. Now, it looks as though he won’t go through a trial after all. Bingham Homepage reports that Bieber reached a deal with his prosecutors and will go through an anger-management class to avoid the trial.
If you’re facing a DUI charge in Fort Myers, let us help you. At the Law Offices of Michael M. Raheb, we have extensive experience helping clients with a variety of charges, including DUI manslaughter, road rage, vehicular homicide and others.
To speak with a DUI-defense attorney about your charges, call us today at 866-949-0888.