For those DUI/DWI experts -

Is there any "standard" (as in minimum/maximum distance from defendant) regarding alleging "breath smelled like alcohol?"

In other words, if Officer Smith claims John Doe's breath smelled of alchohol, how far away maximum is this observation reliable? Have the courts ruled on this? Obviously 50 yards would not fly in court, thats an exageration but I think you get the picture.

To "enhance" the case, is it customary for the Officer to purposely take a close position near the suspect's facial area?

Any textbooks or training manuals that clearly define the max distance?

this came up while we watched some segments of the America West trial on Court TV and a TSA screener claimed she smelled alchohol on the pilot's breath.

THANKS

Only chemical BAC test and the three SFSTs are standardized. Standardization is only an issue in introducing standardized statistical data. Smell requires neither a scientific understanding of smells or specialized training. Only experience and a nose.

If the officer smelled it, obviously they were close enough. Don't ever let the defense make it more complicated than that. Every mother on the planet that wants to smell the teenagers breath is not wrong.

"officer did you smell the drivers breath?"
"was the smell familiar to you?
" have you smelled that odor few or many times?"
"where?"
"did this defendant's breath smell simular to the hundreds of other drunks you have encountered on the job and off?"
Pass the witness

We've all smelled alcohol on people's breath. Why, just the other day in court, there was a defense attorney . . .

quote:

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Originally posted by jane starnes:
We've all smelled alcohol on people's breath. Why, just the other day in court, there was a defense attorney . . .

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Please tell me you popped him for DWI b/c I think he must have just left here and driven your direction. I smelled it too.

Look, I'm not taking up for the defense attorney that had alcohol breath, but... If you are at lunch with a good client (and by that I mean one who refers you busines AND pays his/her bills) and that client orders wine, beer, alcohol, you'd best not insult your good clients. A drink would be appropriate. IN FACT, many business meetings and lunches involve a nice wine. I hope the whole world isn't turning into teetotalers. With that said, I hope the attorney wasn't in your office right after breakfast.

[This message was edited by Beck Gibson on 05-27-05 at .]

Defending While Intoxicated?

We're not talking about the lucky people with clients paying for a good bottle of wine with lunch. We all know the attorneys who come in every morning at 9:00 a.m. smelling like the inside of a bottle. It's sad but true. Most of the bad breath offenders after lunch are the ones who ate onions on their burger and don't have the graciousness to pop a mint.