Receiving a DWI (Driving While Intoxicated) conviction could mean a jail sentence, financial stress, losing your driving privileges and having a permanent negative mark on your record. These issues can cause problems between yourself and your family, work, school and friends.
There are many defenses that can be used to aggressively fight your case, helping to reduce your burden or even possibly getting charges dismissed. Some examples include if evidence was obtained from an unlawful stop and/or seizure it may not be admissible in court? If your BAC (Blood Alcohol Content) was above the legal limit of .08, it’s possible you were not intoxicated; a medical condition or faulty/misused machine may be at fault? Law Enforcement may have done their impairment test completely wrong or may have been trained wrong?
Your Rights: The Constitution and Missouri Statutory Law
DWI cases usually go in this order (1) A traffic stop (2) Search/Seizure of Evidence (3) Arrest and Interrogation. During this process you have legal rights under the Constitution and under Missouri State Statues (RSMo). If your rights or any laws are violated during any part of this process the evidence and maybe even the case may be dismissed.
- Unlawful Stop (Police must have reasonable suspicion to make a traffic stop)
- Unlawful Search
- Unlawful Seizure
- Unlawful Sobriety Checkpoints
- Violation of Miranda Warnings
Field Sobriety Testing and Chemical Testing
If you submitted to a chemical breath test or refused and had blood drawn, the results showing your BAC over the legal limit of .08, there are ways to challenge the accuracy of such tests. Field Sobriety Testing is used as evidence for the prosecution, but these tests are easily misread and often improperly administered by law enforcement.
- Poorly trained law enforcement officer
- Pre-Existing Medical Conditions
- Surroundings during testing
- Road Conditions
- Footwear Issues
Chemical Breath Testing or Blood Draw
Breath and blood tests are used to determine Blood Alcohol Content (BAC). It is not illegal to have a .08 or higher BAC when you are tested, only while driving. There are important delays to analyze when it comes to these test, as alcohol can take significant time to enter the blood and cause impairment. There are numerous defenses involving these circumstances.
- Residual Mouth Alcohol
- Cough Drops
- Diabetes (Acetone in mouth)
- Machine not maintained or calibrated properly
- Poorly or Untrained Law Enforcement Officer
- Pre-Existing Medical Condition
- Radio Frequency
Our firm can aggressively handle your DWI case. You want a competent and aggressive attorney who has access to experts in BAC Machines, Standard Field Sobriety Testing and Department of Revenue procedures. Call Us today for a free consultation 314-561-9690.