According to the Kansas Supreme Court, the smell of alcohol alone is not sufficient to establish probable cause for a DUI arrest. In the case of State v. Stevenson (2014), the court ruled that the odor of alcohol, on its own, is not evidence of a crime and, therefore, does not provide sufficient grounds for a warrantless vehicle search or arrest related to an open container violation. The court emphasized that alcohol is a legal substance and its smell doesn't automatically imply illegal activity.
However, the odor of alcohol, when combined with other indicators of impairment, can contribute to a finding of probable cause for a DUI investigation and arrest. These additional factors can include:
- Erratic driving behaviors like swerving, sudden braking, or speeding, driving without headlights; lane violations; etc
- Observable signs of impairment such as slurred speech, bloodshot eyes, difficulty maintaining focus, or issues with balance and coordination.
- The presence of open alcohol containers or drug paraphernalia in plain sight.
- Performance on field sobriety tests.
See State v. Stevenson, 299 Kan. 53, 321 P.3d 754 (03/28/2014)
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