A recent case issued by a Court of Appeals held that just because a police officer smells alcohol on a driver does not mean that the police officer gets to demand that the driver perform a bunch of field sobriety tests. In short, the officer has to have more than just a smell of alcohol (e.g. weaving, slurred speech, glassy eyes, etc) to justify a request that the driver perform any sobriety tests. In that case, even though the smell was an “extremely strong odor of alcohol” with no “rational explanation,” that fact alone was not enough to justify an officer requiring the driver to perform sobriety tests. Don't drive drunk - and if you still decided to do so, be still and shut up if you get pulled over.