Once an officer detects an odor of alcohol, they almost always ask questions about your drinking. If you deny drinking, they often tell you that they smell the alcohol and your answer isn’t credible. They will pressure you to give a different answer.
We have won many, many cases even though our clients admitted they were drinking. Often the officer will not ask follow-up questions such as whether you consumed the alcohol during a meal. Doing so slows the absorption of alcohol and can be used as an argument at trial.
It is also possible we could have your admission to drinking excluded at a hearing on a motion to suppress statements before the trial even takes place.
After you’re arrested, your vehicle is typically searched. If no alcohol or empties are found in the vehicle, a winning argument can be crafted that your drinking was not recent.
Contact us immediately for a free consultation.