Question: I was charged with DUI in Dunwoody. The cop didn't find any bottles in the car. I didn't take a breath test. But on the video I looked drunk and I got sick in the cop's car. I want to tell the prosecutor that I wasn't actually drunk but that I drank some cologne because I didn't have any mouthwash after dinner. I've heard of people drinking things with alcohol, like cologne.
The police officer stopped me and said I was speeding and not maintaining my lane. He said I swerved and almost hit his car. I don't remember if I did or didn't because I was talking to my girlfriend on the phone and we were arguing. I'm usually a decent driver.
I did all his tests that he asked of me and I got arrested for drunk driving. I felt pretty sick and in the police cruiser I vomited.
I want to use as my defense that I wasn't drinking booze but I mistakenly drank cologne. I was high on the breath test at the jail. Should I use the defense that I mistakenly drank cologne?
P.V. in Sandy Springs
Answer: The defense of inadvertently drinking cologne is not a good one. To be charged with a DUI, you can have consumed things other than standard alcoholic beverages like a mixed drink, beer, etc. Cologne, however, usually has a high concentration of alcohol as well as dangerous chemicals that can cause severe impairment.
The breathalyzer test is admissible against you and it does not matter where the alcohol came from, or that it was "mistakenly" consumed. The high reading on the breath test (which will be used against you) can stem from drinking beer, wine or anything else.
Also, stating that you were drinking cologne, even inadvertently, is going to arouse even more suspicion since cologne is not suitable for human consumption and is actually poisonous.
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