As cannabis becomes decriminalized or legalized for recreational or medical use in Missouri and many other states, questions have been raised about driving under the influence of marijuana. Drunk driving charges are based on blood alcohol concentration, or BAC, and the legal limit of 0.08 was established after lengthy studies examining the effect of alcohol on driving. It is relatively easy for police to test BAC without invasive devices by making use of roadside or in-station breath tests. The driver blows into the device, which measures BAC through assessing alcohol in the breath. While the breath test is now standard and widely accepted, it was initially controversial and heavily disputed.
When criminal defense attorneys in Missouri and around the country represent motorists accused of driving while intoxicated, they may question the reliability of toxicology evidence or the legality of a traffic stop. However, there are situations where attorneys may mount what is known as an affirmative defense. Attorneys mounting such a defense do not deny that their clients got behind the wheel after drinking, but they do introduce new facts to explain their behavior.
Once your license suspension for a DWI conviction in Missouri has expired, you must take certain steps to have your driving privileges reinstated.