Dysart Willis
24/7 access to a lawyer:
Raleigh 919-741-4825 Henderson 252-776-0069
En Español : 919-747-3276
Arabic : 252-654-4852
English Text
Español Text
Arabic Text
En Español : 919-747-3276
Arabic : 252-654-4852
Free Consultations 24/7 access to a lawyer. We are here WHENEVER you need us. 24/7 access to a lawyer | our locations
919-741-4825 Raleigh 252-776-0069 Henderson

Can the 'odor' of alcohol lead to an arrest?

If you are arrested on suspicion of drunk driving, chances are that there will be a police report detailing the officer’s reasons for taking you into custody. It is likely that in the report, there will be some mention of the officer smelling an “odor of alcohol” coming from you (or the vehicle). Essentially, this is likely the first in a set of facts to justify an arrest.

However, have you ever thought about what alcohol actually smells like? After all, alcohol doesn’t have a distinctive smell by itself. Ironically, the strongest drinks that people consume are usually odorless, unless they are infused with some type of flavoring (e.g. cherry flavored vodka). 

Of course, a person could have alcohol on their breath and not have a blood alcohol level that is over the legal limit in the state of North Carolina. In fact, the smell of alcohol may not tell an officer whether you are actually impaired. In fact, there is a possibility that the smell may be attributable to something else. As such, it may be necessary to closely evaluate the officer’s observations.

Basically, an officer must have a reasonable suspicion that a crime has occurred in order to order a driver from a vehicle to perform field sobriety tests. If there is a plausible explanation for the alcohol odor, perhaps the officer would not have a genuine reason to order further tests to determine if you are intoxicated.

The preceding is not legal advice. If you have additional questions, contact an experienced attorney. 

contextual

Our Results

  • Client was charged in federal court with the felony offense of being an illegal alien in possession of a firearm. After negotiation with the US Attorney's Office, the felony gun charge was dismissed and our client...

  • Our client was charged with statutory rape and faced mandatory registration as a sex offender if convicted. We were able to work with a forensic expert and the district attorney's office to negotiate a guilty plea..

  • Client charged with Felony Assault on a Police Officer, misdemeanor assault, and resisting an officer. After a jury trial where multiple police officers testified about the incident, our client was found not guilty ..

  • Client investigated by federal law enforcement for possessing child pornography. Ryan began representing the client during the investigation and ultimately the client was not charged with any crimes...

View More
Super Lawyers Board Certified Specialist | North Carolina State Bar | Federal / State Criminal Law
Email Us For A Response

We Can Help! Request A Free Initial Consultation:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Raleigh Office:
507 N. Blount Street
Raleigh, NC 27604

Toll Free: 800-599-4428
Phone: 919-741-4825
Fax: 919-882-1222
Raleigh Law Office Map

Henderson Office:
1108 Dabney Drive
Henderson, NC 27536

Phone: 252-776-0069
Map & Directions

Statewide Criminal Defense