Odor of Alcohol in an Oklahoma DUI Case
If you are charged with DUI or APC in Oklahoma, it is almost guaranteed that the arresting officer will indicate on the police report that he or she smelled an “odor of alcohol” on your person, your breath or in your vehicle. In fact, the DUI report used by Oklahoma police contains three options regarding alcohol odor: “weak,” “moderate” and “strong.” There is no option for “none.”
The problem with citing an odor of alcohol as an indication of intoxication is that ethyl alcohol—the kind found in alcoholic beverages—has no odor. The smell associated with alcohol consumption actually comes from the flavorings and other ingredients found in the beverage.
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A Stronger Odor Does Not Equal a Higher BAC
Many people—including some law enforcement agents—wrongly assume that the stronger a person smells of alcohol, the higher his or her BAC or blood alcohol content. This assumption is completely unfounded.
The fact is beverages typically lower in alcohol content, such as beer and wine, generally produce much stronger odors than drinks with higher alcohol concentrations like vodka, scotch and whiskey.
Defending the Odor of Alcohol in Court
It is highly unlikely that police will stop citing the supposed odor of alcohol when establishing reasonable suspicion of impaired and intoxicated driving. This does not, however, mean that it will hold up in court.
It is not illegal to drink and drive in Oklahoma. It is only illegal if you are under the influence of alcohol or are over the legal limit. An odor of alcoholic beverage only indicates consumption and not quantity.
Our attorneys can examine all the evidence cited by the officer—from the reasonable suspicion required to initiate the traffic stop to the probable cause needed to justify your arrest—and build a defense that systematically addresses each point, including the “odor of alcohol.”
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
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INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI DefenseAs a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
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FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public SafetyFocused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.
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