Go to navigation Go to content
Phone: 804.673.5600
Bob Battle Law

Get Help Now

Need Help? Have Questions? Fill out the quick contact form below and we'll will be in contact soon!

Questioning a Police Officer’s Observations During Your Virginia DUI Case (Part A)

Fighting your Virginia DUI charge is not an impossible feat. In fact, with a good Virginia DUI attorney and the right defense, you can beat or reduce your Virginia DUI charges.

One popular argument for a Virginia DUI attorney to use is to challenge the validity of a police officer's observations. Oftentimes, inexperienced DUI lawyers don't even respond to an arresting officer's testimony. However, observations such as, the odor of alcohol on a driver's breath or the redness of a defendant's eyes, can and should be questioned during your DUI trial.

Alcohol actually has no odor!

As a matter of fact, alcohol is odorless. What is commonly thought to be the smell of alcohol is the other ingredients that comprise an alcoholic beverage. A beer with 4.7% percent alcohol will actually smell the same as a beer with no alcohol, and therefore a testimony of alcoholic odor on the breath is not proof of a DUI. Thus, at a Virginia DUI trial, when an officer testifies that the smell of alcohol was detected on the driver's breath, it can be deduced that they have no true recollection of what odor they actually smelled.

Therefore, the odor of alcohol can be argued against as a probable cause for the arrest. If a judge agrees that your alleged "odor of alcohol" was not enough to constitute "probable cause" for your arrest, your DUI charges may be dismissed.

Continue to Next Page >>

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