Alcohol Odor During Police Stop for Speeding Case Example In Texas
In Abernathy v. State, 963 S.W.2d 822 (Tex. App. - San Antonio 1998, pet. ref'd), the officer stopped the defendant for speeding, and smelled an odor of alcohol when the defendant opened his window.
The officer requested the defendant to get out of his car, and asked whether he had had anything to drink. the defendant answered in the affirmative.
The defendant failed field sobriety tests and was placed under arrest.
In affirming the DWI conviction, the appellate court upheld denial of the motion to suppress and admission of defendant's statements, stating there had been no custodial interrogation.