Understanding Common Defenses to DWI Charges

• Balance and coordination issues can be related to medical problems and do not necessarily indicate intoxication.
• Officers do not always administer tests correctly, which can be challenged in court.
• Interpreting FST results is subjective, and not all officers are trained correctly.
• Testing often takes place on the side of a busy, dark highway with bright lights going by and potentially bad weather. These testing conditions are far from ideal, even for completely sober drivers.

If field sobriety tests were administered incorrectly or interpreted incorrectly, an experienced lawyer might be able to challenge the results, potentially invalidating the subsequent breath/blood tests that followed.

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Questioning Whether You Were in Actual Physical Control of the Vehicle

In some cases, individuals may be charged with DUI even if they were not driving at the time of arrest. Missouri law recognizes “actual physical control,” which means controlling a vehicle while intoxicated, even if it is not in motion. A knowledgeable attorney may argue that the defendant did not have actual physical control of the vehicle, challenging the validity of the DUI charges.

Challenging the Testing Equipment

If you were charged with drunk driving based on the results of a breath-alcohol test (often called a Breathalyzer), it is sometimes possible to challenge the device’s accuracy. These machines must be regularly serviced and calibrated. We can subpoena the service records to determine if the machine has been maintained and calibrated correctly.

Illegal DUI Investigation

Law enforcement officers must follow strict procedures when making a DUI arrest. These include reading the suspect’s rights, correctly administering tests, and collecting evidence properly. If the DUI arresting officer fails to adhere to these requirements, their collected evidence may be considered objectionable, making it difficult for prosecutors to prove their case.

Demonstrating Rising BAC

A rising blood alcohol concentration defense asserts that your BAC level was below the legal limit while you were driving but rose to an illegal level by the time the test was administered. This defense argues that alcohol was still being absorbed into your system between driving and testing, leading to an inaccurate depiction of your impairment level at the time of operation.

Disputing Observations and Testimony

The arresting officer’s observations and testimony are crucial in DWI cases. Challenging the officer’s credibility, inconsistencies in their report, or other factors that could compromise their reliability can be an effective defense strategy.

Medical Conditions or Medications

Certain medical conditions or prescription medications can affect an individual’s ability to perform sobriety tests or may produce false positives on breathalyzer tests. Evidence of a medical condition or medication that could have influenced the accused’s behavior or test results can be a valid defense.

Contact an Experienced DUI Attorney for a Consultation

Challenging a DWI charge is never easy, but it can be done. The experienced attorneys at the Benjamin Law Firm, LLC are here to help. We can review the details of your case, explain your options, and work hard to protect your rights.

To schedule your initial consultation, call (816) 323-3460.