The Orange County Criminal Lawyer Blog
When a man was accused of driving under the influence of alcohol based on the smell of his breath, he reportedly told the authorities it was his girlfriend who had imbibed and the scent lingered in his mouth from their kissing.
On November 15, the Peoria County Sheriff’s Department responded to a report about an automobile that had ended up in a ditch on the side of the road when the driver lost control of the vehicle.
The deputies encountered 20-year-old Trevor Smith at the site of the accident, and they got the impression that he had been drinking alcoholic beverages when they caught a whiff of his breath.
When Smith’s car was inspected by the deputies they allegedly found a bottle of vodka that had been opened, and the smell of recent marijuana use.
When asked to consent to breathalyzer tests in an attempt to gauge his blood-alcohol content, Smith reportedly would not comply but was recorded as taking part in roadside sobriety tests and performing poorly.
Smith allegedly told the officers that he had not been drinking, but had taken prescription medications. He was reported as explaining that the reason behind his liquor-breath was due to his girlfriend drinking alcohol before they made love, and when they were kissing the scent remained in his mouth.
The deputies took Smith into custody for suspicion of driving while intoxicated, and when they reached the jail they reported that he would not enter before he spoke to them, as he insisted that he should not be arrested for the accusation.
Smith, whose 21st birthday was the next day, was charged with misdemeanor DUI and released on bond.
If you or someone you love is suspected of a DUI, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.