Reader’s Question:

My daughter was arrested for DUI in Augusta-Richmond County, Georgia. She was suspected by the officer to be drunk because of her physical appearance and the officer smelled alcohol on her and on the vehicle. I found out that alcohol really does not have an odor and there can be other factors which can cause a person to look drunk but actually not drunk. Can she use these as defenses?

Lex

Augusta-Richmond County, GA

Yes, you can use those things as possible defenses on your daughter’s DUI charge in Augusta-Richmond County, Georgia. Ethanol or the alcohol we drink actually has no odor. In general, other substances contained in the alcoholic beverage give it the smell of “alcohol.” A police officer would generally affirm that alcohol really has no odor when faced on the stand and that he doesn’t really know how much a person has consumed. Thus, it doesn’t necessarily provide evidence that the person drank enough to be “under the influence” or to have a BAC over the legal limit.

Regarding your daughter’s physical appearance at the time of the arrest, most signs of DUI can actually be signs of fatigue. Many of the things associated with a DUI can be easily explained by fatigue. Being over-tired can cause a person to perform poorly on field sobriety tests that require vigilance and good coordination. Fatigue can also cause watery eyes and erratic vehicle operation. Driving while tired is dangerous in its own right and should be avoided but the symptoms of driving while tired can be confused with the symptoms of driving under the influence. A DUI lawyer should emphasize these non-alcohol-based explanations for the police officer’s observations.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer