“Strong Odor of Alcohol on Suspect’s Breath” Is it possible? »
I am sure about the fact that you would have never seen a DUI case where the officer does not report an odor of alcohol on the suspect’s breath. Never ever.It is expected by the officer that the person who has been stopped by him must have drunk and so there must be an odor of alcohol on his breath, and it is a psychological fact that we see, hear and smell the same thing that we expect to see, hear and smell.
But here I really want to tell you that it is a fact that most police DUI reports are formatted for the usual symptoms. There is given a box for "odor of alcohol", which the officer is required to check off. Usually there are three boxes, that has labels "strong", "moderate" and "weak"; but there is no box for "none", so this means that there is no other option for the officer other than to check off one of the three boxes. Mostly the "strong" box is checked by the officers. It is presumed that the stronger the odor of alcohol, the more intoxicated would have been the person who has been arrested.
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Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here
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