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Generally, How Do the Missouri Courts Handle DUI Charges?
A DUI charge in Missouri is a grave matter. Every year, hundreds of people lose their lives in alcohol-related accidents, and thousands more are seriously injured.
Although a competent DWI lawyer does have access to numerous defense strategies, you must be aware that the penalties you could face for even a first-time DUI charge can be dire and sometimes life-changing. Of course, the precise penalties for your conviction will depend on the details of your driving while intoxicated incident and whether you have previous DUI convictions.
Even a first-offense DWI charge is a Class B misdemeanor if no additional unfavorable circumstances are involved. A conviction requires serving some jail time, starting at 48 hours, but can be extended to up to six months. You’ll most likely be fined, and your license will be suspended for at least ninety days.
Second, DWI convictions can be much worse. You will usually lose your license for one year, but two DWI convictions within five years will trigger a five-year revocation. A third DUI conviction will have your license revoked for ten years, and a fourth may prompt a lengthy prison sentence.
So, no matter the circumstances of your DUI arrest, the professional help, advice, and sound legal guidance of a skilled, passionate, and competent DUI lawyer is mandatory.
What Are the Basic Legal Grounds for Challenging Breathalyzer Test Results in Missouri?
When you are stopped, field breathalyzer tests are consistently used in Missouri if the police believe you have been drinking or under the influence of other substances. These tests also often comprise key evidence on which the prosecution bases its case. If you agree to the test and you have a BAC of 0.08% or higher, the chances are you will be arrested and charged with a DUI; this charge can carry severe penalties and, at times, be life-changing. So, the professional help of an experienced, knowledgeable Kansas City DUI lawyer is mandatory in attempting to challenge these tests, and there are many ways to do so.
First, you must note that these results are not infallible. Numerous factors can compromise their accuracy, and if the facts are used professionally, they can provide you with a foundation for a solid defense strategy. Fully comprehending these various factors and knowing how to challenge them is critical if you face DWI charges in Missouri.
When these tests are administered, Missouri law requires strict adherence to strict protocols. If the authorities deviate, in any manner, from these court-mandated procedures, your competent DUI lawyer may be able to render the results inadmissible in court.
Just a few of the specific things your lawyer may scrutinize are:
- Improper administration of the breathalyzer test – As stated, there are strict rules to follow. For example, the police must observe you for at least 15 minutes before administering the test to ensure no minimal amount of alcohol is in your mouth. Failure to follow this procedure can lead to inaccurate results.
- Proper certification of the test equipment and personnel training – All breathalyzers must be correctly calibrated and maintained, and the officer who gives you the test must be certified. Any variance in these issues may allow your lawyer to challenge the test results legally.
- Chain of custody of the test results – When handling any evidence, including blood tests, an unbroken chain of custody is strictly maintained. If your thorough and diligent DUI lawyer finds any gap in this chain, it can lead to issues concerning the integrity of the sample and its results.
Are There Other Scientific and Technical Defenses My Lawyer May Use in My Defense?
The simple answer is yes. Several scientific and technical factors can lead to inaccurate breathalyzer readings. An accomplished and well-versed DUI lawyer will always look for these factors and know how to use them to mount a strategic and solid defense.
Just a few of these defenses may include:
- Mouth alcohol contamination – If you just recently consumed alcohol (just one drink) or have a medical condition such as acid reflux, etc., these things (and others) can lead to a falsely high BAC reading.
- Other medical conditions – Medical conditions such as diabetes or GERD can produce chemical and biological compounds that interfere with delivering an accurate breathalyzer reading, which can lead to false positives.
- Radio frequency interference (aka RFI) – We are surrounded by electronic devices, including police radios, cell phones, etc., which may emit signals that interfere with the breathalyzer equipment. This can cause the equipment to malfunction and produce inaccurate readings.
- Old and worn-out equipment – Breathalyzers must be regularly calibrated and thoroughly maintained. If they are stored outside (such as in a vehicle) or don’t receive timely and proper maintenance, faulty readings can easily occur.
The above are only a few scientific and technical reasons you may have an inaccurate high BAC. That said, there are many other things your thorough DUI lawyer may look for, so you must have a DUI law team with the experience needed to ensure all possible legal avenues are covered to ensure your rights and your freedom.
Overall, What Role Do Errors Play in Challenging BAC Test Results in Missouri?
In any DUI arrest and charge, all competent DUI lawyers will tell you that errors in the administration or analysis of your test can significantly impact the outcome of your DUI case. It’s been discussed that breathalyzers are highly sensitive devices that require precise and knowledgeable operation; if the test isn’t done precisely or established procedures aren’t followed, your skilled and well-versed DUI lawyer will certainly use this information to your advantage.
Blood alcohol tests are considered more generally reliable but are not immune to mistakes. These tests can be contaminated, stored improperly, or the sample can be mishandled, all of which can lead to false readings. Your DUI lawyer will always endeavor to use any negative facts, including delays in transporting the sample to a laboratory (this can cause fermentation, which will artificially increase the alcohol content).
Using the above information, a thorough, experienced, and detail-oriented DUI lawyer can often successfully argue that the test results are unreliable enough to be used as evidence in court (this could undermine the prosecutor’s entire case).
I Have Been Charged with a DUI in Missouri; How Should I Proceed?
As stated, breathalyzer tests are key evidence in most DUI cases. Therefore, successfully challenging these test results requires an experienced, knowledgeable, and in-depth legal understanding of Missouri DUI laws and all the technical aspects of alcohol testing.
By working with an experienced DUI lawyer, you can be assured that they will scrutinize every detail of your case, from the validity of why you were stopped to the accuracy and competence of the testing process; this will allow your lawyer to mount the most strategic and robust defense possible.
The accomplished DUI lawyers at the Missouri DWI & Criminal Law Center have years of experience and expertise defending Missouri residents in all aspects of DUI cases, including debunking breathalyzer testing and following up with in-court litigation if necessary. They’ll work with expert witnesses to analyze any testing procedures and equipment and ensure your rights and freedom are fully protected.
Call them today at (816)-846-2219 for a free consultation on your unique case, and they will empathetically, competently, and effectively fight to ensure your rights and freedom are fully protected.
