Is The Odor Of A Alcoholic Beverage In New York Proof Of Intoxication
In most if not all DWI cases in New York the police officer will indicate that they smelled an odor of alcohol coming from our client or from inside of the vehicle.
The odor of liquor on your breath is NOT proof of intoxication. While the odor of an alcoholic beverage constitutes evidence that a person has been drinking, it does not distinguish between a person who recently took a sip of alcohol, a person who had a couple of drinks, and a person who is intoxicated. Furthermore, it does not provide any guidance as to the actual effect of the alcohol on a particular person.