Why Breath Tests Can’t Be Trusted in Missouri DWI Cases

Kimberly2 1Author:

Kimberly J. Benjamin, Founder & Managing Attorney

People are incorrectly arrested every day, particularly when it comes to DWI. When you are arrested for failing field sobriety or breathalyzer test in the state of Missouri, you need a lawyer who can explain why a breath test in Missouri cannot always be trusted. To obtain the best advice, contact Missouri DWI & Criminal Law Center at Benjamin Law Firm, LLC in Missouri.

Drunk Driving Has Been an Ongoing Problem in Missouri

Although drunk driving continues to be a problem at steady rates in Missouri, an increasing number of drivers are being charged with a DUI or a DWI. And while drunk driving is a serious issue, innocent people are all too often implicated and even convicted of this crime.

Unfortunately, breath alcohol testing in Missouri has proven to have little scientific reliability. Missouri must take a serious stand to make improvements on its contemporary alcohol program to ensure that only guilty parties are convicted of the serious crimes that result in very serious consequences. In the meantime, a local DWI Attorneys in KC Mo can offer more information on how to approach your case.


Breathalyzer Problems

At this time, thirty-two U.S. states plus the District of Columbia require two tests when an individual is suspected to be driving while intoxicated. A refusal of a breath test may result in an immediate arrest. If a second test is not performed, an initial test in MO may implicate you of driving under the influence.

There is an excellent reason for requiring two breathalyzer tests. The current breathalyzer has problems with interference from random contamination of mouth alcohol and other errors.

Most alcohol testing devices used in Missouri are of an infrared variety. They are assumed to be able to detect any interfering substances. In a controlled setting, one study showed that it had failed to notice mouth alcohol up to 48% of the time.


When Dealing With DUI and Other Traffic Laws

Often a person is arrested for a DUI after breaking another traffic law. Probable cause is all it takes to be requested to perform a field test or a breathalyzer. Refusal to comply is enough to cause a law enforcement officer to arrest you.

To fight these charges, you may need the support of a KC traffic lawyer. In fact, your chances of avoiding repercussions are significantly reduced when you have professional legal representation in the courts.


Choosing the Right DUI Lawyer

Occasionally, a post-arrest investigation will reveal flaws in the breath test, but it takes a skilled legal representative to be able to pinpoint these flaws and effectively present them to the court. No matter your circumstances, choosing the right DUI or drug lawyer can help you fight your case and live your life without a criminal driving record. Doing so offers you better employment opportunities and credit options.

If you are convicted, consider hiring an attorney to handle your expungement options. Although it is not a guaranteed scenario, in many cases, that may provide you with a new lease on life.

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