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17. A Strong Odor Of An Alcholic Beverage Is Does Not Prove That You Are Intoxicated

DUI Testing | Lawyers for DUI in Los Angeles | DMV Hearings | DUI Defense 

A Strong Odor Of An Alcholic Beverage Is Does Not Prove That You Are Intoxicated

Many police reports contain the phrase “the odor of an alcoholic beverage.”  This sounds bad to the average person and many DUI clients assume that the case is lost at this point.  This is not the case.  First, while alcohol does contain some odor, most of the so called alcohol odor is really produced by compounds in the alcoholic beverage called esters.  A strong odor of an alcoholic beverage is really an indicator of recent consumption of alcoholic beverages, not an indication of intoxication or a blood alcohol level.  In some cases a strong odor of an alcoholic beverage can be helpful in proving that the level of alcohol was rapidly rising after the time of driving.


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