Yes, police officers are trained to detect the smell of alcohol on a driver’s breath during traffic stops. A cop’s sense of smell is one of the key tools used to identify drunk drivers and enforce DUI laws. Though subjective, an officer’s testimony about the odor of alcohol can serve as evidence in court. But how accurately can cops really detect the smell of alcohol?
Can police smell alcohol through a car window?
Police officers often rely on their sense of smell to identify signs of alcohol impairment during traffic stops. As part of their training, officers practice detecting the odor of alcoholic beverages like beer, wine, and liquor. When pulling over a driver, the cop will commonly approach the driver’s window and breathe in, trying to pick up the scent of alcohol coming from inside the vehicle or on the driver’s breath.
Most experts agree that police can and do smell alcohol coming from inside a car in many DUI stops. Alcohol has a distinct odor that travels easily through the air. Even with closed windows, the smell of alcohol can permeate outward from a driver’s breath. However, the officer’s ability to detect alcohol by smell depends on factors like:
- The strength/concentration of the alcohol – Higher proof alcoholic drinks like hard liquor or mixed drinks have a stronger aroma.
- How recently alcohol was consumed – The smell dissipates over time as alcohol leaves the body.
- Ventilation inside the car – Open windows allow smells to escape.
- The individual officer’s sense of smell – Varies between officers.
In optimal conditions, police can likely smell the odor of alcohol coming from several feet away outside a car. But the officer’s nose alone does not prove drunk driving beyond a reasonable doubt. The smell of alcohol provides probable cause for further sobriety testing.
How do police officers test for drunk driving?
If a cop smells alcohol on a driver, they will next conduct field sobriety tests. Standard field sobriety tests include:
- Horizontal gaze nystagmus – The officer looks for involuntary jerking of the eyes as they follow a moving object like a pen or flashlight.
- Walk-and-turn – The driver takes heel-to-toe steps along a straight line.
- One-leg stand – Standing on one leg while counting out loud for 30 seconds.
These tests examine the driver’s balance, small muscle control, and attentiveness – all of which are impaired when a person is intoxicated. Officers also often conduct preliminary breath tests (PBTs) at roadside using a handheld breathalyzer device. While not admissible in court, PBTs can help establish probable cause for a DUI arrest.
What happens after a DUI arrest?
After placing a driver under arrest for DUI, the police officer will transport them to the nearest station, county jail, or detention center. There, a blood, breath, or urine test will be conducted to measure the driver’s precise BAC (blood alcohol content). The most common method is a breathalyzer test using a larger, more accurate desktop unit.
The legal BAC limit for driving is:
- 0.08% – Drivers 21 years or older
- 0.04% – Commercial drivers
- 0.02% – Drivers under 21
Refusing to submit to BAC testing can result in automatic license suspension and additional charges. Blood tests may be forcibly administered only with a warrant or consent from the defendant.
Can you fight a DUI from smelling of alcohol?
Yes, it is possible to fight and beat DUI charges stemming only from an officer’s detection of the smell of alcohol, without corroborating evidence of impairment. Some defenses include:
- No alcohol consumed – Driver has not been drinking but smells of alcohol from exposure like work.
- Mouth alcohol – Driver used an alcohol-based mouthwash, breath spray, or similar.
- Medical condition – A health issue like diabetes or acid reflux causes breath odor.
- Field sobriety tests – Driver passed tests successfully.
- Breathalyzer problems – Issues with improper calibration or maintenance can invalidate breath test results.
An experienced DUI defense lawyer can often get charges reduced or dismissed by discrediting the reliability of an officer’s alcohol odor detection and raising doubt about true impairment.
Takeaways
- Police officers are trained to smell alcohol on a driver’s breath during traffic stops.
- The smell of alcohol coming from a car provides probable cause for field sobriety testing.
- Breath, blood, or urine tests are conducted after arrest to measure BAC.
- It is possible to fight DUI charges stemming solely from an officer’s claim of smelling alcohol.
- A skilled DUI lawyer can challenge the reliability of odor detection and lack of proof of impairment.
Summary Table
| Key Questions | Brief Answers |
|---|---|
| Can police smell alcohol through car windows? | Yes, but it depends on factors like alcohol strength, ventilation, and officer’s nose. |
| What field sobriety tests do police conduct? | Horizontal gaze nystagmus, walk-and-turn, one-leg stand. |
| What is the legal BAC limit for driving? | 0.08% for drivers over 21, 0.04% for commercial drivers, 0.02% for under 21. |
| Can you fight DUI charges from smelling of alcohol? | Yes, by challenging reliability of odor detection and lack of proof of impairment. |
Conclusion
A police officer’s detection of the smell of alcohol coming from a driver provides reasonable suspicion to conduct further DUI investigation through field sobriety testing. However, the subjective odor of alcohol alone does not definitively prove driver impairment beyond a reasonable doubt. With an experienced criminal defense lawyer, it is possible to successfully fight DUI charges that stem solely from an officer’s claim of smelling alcohol, without convincing evidence of true intoxication.