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Smelling Alcohol is Not a Reason for a DUI Conviction

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If you have been arrested for a Virginia DUI, then you probably faced some serious questioning by the officer who made the arrest. He may have looked into your eyes, smelled your breath, and had you perform some roadside tests. Any observations that the officer made will be part of his testimony in court, but your lawyer can use these observations as a means of legal defense.

One argument that can be made is that alcohol has no odor, and so it would not be possible for the officer to have smelled alcohol on your breath
. As a matter of fact, what people mistake for the smell of alcohol are actually the other ingredients in an alcoholic beverage. An alcoholic beer, for example, will have exactly the same odor as a non-alcoholic beer.

So if the odor of alcohol was the probable cause for your DUI arrest, then your DUI defense lawyer may be able to prove your arrest was invalid. Without probable cause for your arrest, your attorney can file a motion suppressing any evidence the police gathered against you after that arrest took place.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details how to question a police officer's observations during your DUI trial.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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