BayBuck
Buckeyes are best
Except for the fact that you're still missing an indication that he actually consumed alcohol. Usually, you're going to be hardpressed to find someone under the influence that doesn't have an odor of alcohol about their person. So if the odor isn't there, I gotta say I don't think there's probable cause.
Well, it was a bottle of Grey Goose, and many people say vodka is odorless (though I've been around enough vodka to recognize its odor).
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