The Significance Of “Odor Of Alcohol On Breath” In DUI Arrests

From the moment the flashing lights appear in your rearview, a complex legal process begins. Police officers are trained to look for signs of intoxication during traffic stops. Once they establish probable cause to believe a crime has occurred, they can lawfully take additional investigative steps, including Field Sobriety Tests, a breath test, and, ultimately, an arrest.

“Odor of alcohol” is one of the first observations most officers use to clear that first legal hurdle. However, while the officer may report an odor of alcohol, this observation is not a scientific measurement. It is a subjective determination based on one officer’s interpretation—and it can be challenged in court.

Understanding the Probable Cause Requirement

The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures. It requires that law enforcement officers establish “probable cause” before conducting an investigation and making an arrest. Probable cause exists when the facts and circumstances would lead a reasonable person to believe a crime has been committed. An arrest made in the absence of probable cause is unlawful, and evidence obtained from an illegal investigation can be excluded from consideration, potentially leading to a reduction or dismissal of the charges.

How “Odor of Alcohol” Fits Into a Michigan DUI Stop

A DUI case typically evolves in stages. First, the officer must have “reasonable suspicion” to stop a vehicle. They often claim to have observed erratic driving, drifting between lanes, or disregard for traffic signals or stop signs.

Once the officer stops a vehicle, they may identify signs of intoxication such as bloodshot eyes, slurred speech, and erratic behavior. “Odor of alcohol” is a phrase police officers commonly use in reports to describe a situation in which they claim to smell alcohol on a driver’s breath. Once the officer believes they have observed indicators of alleged intoxication, they have probable cause to investigate further. Typically, this means asking the driver to submit to additional tests, which often include Field Sobriety Tests and a breath test.

Can A Driver Refuse Sobriety Tests if an Officer Smells an Odor of Alcohol on Breath?

During a DUI investigation, police officers typically ask a driver to perform various Field Sobriety Tests. These typically include the Walk-and-Turn, One Leg Stand, and Horizontal Gaze Nystagmus tests. These tests are highly subjective and can be affected by nervousness, physical and medical conditions, or improper instructions by the officer. In Michigan, drivers suspected of DUI are not required to submit to Field Sobriety Tests.

The officer will likely also ask the driver to submit to a breath or urine test. Under Michigan’s implied consent law, drivers have already consented to these chemical tests. Refusing a chemical test is a violation of Michigan’s implied consent law and can result in a one-year driver’s license suspension.

Can a Driver Receive a DUI Charge from the Odor of Alcohol on Breath?

While “odor of alcohol” is a factor police frequently cite to establish probable cause in a DUI case, on its own, it is not sufficient to establish intoxication and charge a driver with DUI. Rather, it is a single factor that suggests a driver consumed alcohol at some point before driving.

A driver can lawfully consume alcohol before driving, so long as their Blood Alcohol Content (BAC) is not above .08% (the threshold is lower in certain circumstances, such as for commercial drivers). Before making an arrest, the officer should take additional investigative steps to gather evidence to show the driver was under the influence.

Legal Defenses to Challenge a DUI Charge

A DUI charge is serious, but it does not guarantee a conviction. Depending on the circumstances, various defenses may be available.

• Unlawful Traffic Stop. If the officer lacked reasonable suspicion to initiate the traffic stop or probable cause to move forward with the DUI investigation, the evidence gathered could be suppressed, which could lead to the charges being reduced or even dismissed.
• Lack of Probable Cause. If the police officer’s observations were insufficient to establish probable cause at any point during the investigation, the investigation should have ceased and any evidence obtained from that point forward could be suppressed.
• Challenging the Odor of Alcohol Observation. The officer’s claim to have detected an “odor of alcohol” is highly subjective and can be contested in a suppression hearing or on cross-examination.
• Failure to Read Miranda Rights. If the police officer failed to read the suspect their Miranda rights, any statements or evidence obtained could be suppressed, which could lead to a reduction or dismissal of the charge.
• Improper Handling of Evidence. Evidence that was improperly handled or stored, or that was potentially tampered with in any way, should not be admissible in court, and its exclusion could lead to a reduction in charges or dismissal of the case.

The outcome of a DUI case can vary significantly depending on the specific circumstances of the arrest and the evidence involved. Elmen Legal can evaluate your circumstances, identify potential defenses to DUI charges, and mount a vigorous legal defense.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.