How to Fight a Drunk Driving Charge in Missouri
Facing a drunk driving charge in Missouri can be a stressful and life-altering experience. A conviction for driving under the influence (DUI) can result in severe penalties, including hefty fines, license suspension, and even jail time. However, being charged with a DUI doesn't mean you're automatically guilty.
By understanding Missouri’s DUI laws and taking strategic steps, you can build a strong defense. At Guilfoil Law Group in Kansas City, Missouri, I'm committed to helping my clients protect their rights and fight DUI charges effectively.
What to Know About Missouri's DUI Laws
In Missouri, a DUI, also referred to as driving while intoxicated (DWI), involves operating a motor vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under the age of 21.
Missouri employs an “implied consent” law, meaning that by driving, you automatically consent to chemical testing if suspected of DUI.
If charged with a DUI, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle while impaired or over the legal BAC limit. Understanding these legal parameters is the first step in mounting a defense.
Evaluate the Traffic Stop
One of the first areas to examine in fighting a DUI charge is the initial traffic stop. Law enforcement must have reasonable suspicion to pull you over, such as observing erratic driving or a traffic violation. If there was no valid reason for the stop, any evidence gathered afterward may be inadmissible in court.
For example, if an officer stopped your vehicle without cause and later conducted field sobriety tests or a breath test, your attorney could argue that the stop violated your Fourth Amendment rights. Challenging the legality of the traffic stop can sometimes result in the dismissal of your case.
Challenge the Field Sobriety Tests
Field sobriety tests (FSTs) are often used to assess whether a driver is impaired. These tests may include the walk-and-turn test, the one-leg stand, or the horizontal gaze nystagmus (HGN) test. However, these assessments aren't always accurate and can be influenced by factors such as medical conditions, weather, or uneven road surfaces.
For instance, if you have a physical disability or were wearing improper footwear, this could affect your ability to perform the tests. Your defense could involve questioning the reliability of the FSTs and whether the officer followed proper procedures when administering them.
Question the Accuracy of Breath and Blood Tests
Breath and blood tests are commonly used to measure BAC levels, but they aren't infallible. Breathalyzer devices can produce inaccurate readings for several reasons, including improper calibration, operator error, or medical conditions such as acid reflux.
Similarly, blood tests can be subject to contamination or mishandling during collection or storage.
Your defense may involve requesting maintenance and calibration records for the breathalyzer used during your arrest. If the device wasn't properly maintained or operated, the results could be challenged in court.
Additionally, discrepancies in the chain of custody for blood samples can raise doubts about the accuracy of the evidence.
Explore Alternative Explanations for Behavior
Law enforcement often relies on observations of a driver’s behavior, such as slurred speech, red eyes, or the smell of alcohol, to support a DUI charge. However, these observations can have alternative explanations. For example, allergies, fatigue, or certain medications could cause symptoms that mimic intoxication.
A strong defense may involve presenting evidence of medical conditions or other factors that could explain your behavior. By casting doubt on the prosecution’s interpretation of the evidence, you can strengthen your case.
Investigate the Arrest Procedure
Missouri law requires law enforcement officers to follow specific protocols when making a DUI arrest. This includes reading the driver their Miranda rights and conducting chemical testing within a reasonable time frame. If the arresting officer failed to adhere to these procedures, it could provide grounds for challenging the validity of the arrest.
For example, if you weren't informed of your right to refuse chemical testing or were subjected to undue pressure, these procedural missteps could impact the admissibility of evidence. Carefully reviewing the arrest process is a critical step in building your defense.
Argue for Suppression of Evidence
In some cases, it may be possible to file a motion to suppress evidence that was obtained unlawfully or is otherwise unreliable.
For instance, if a breathalyzer test was conducted without probable cause or if field sobriety tests were administered improperly, an experienced DUI attorney could argue that this evidence shouldn't be considered in court.
Suppression of key evidence can significantly weaken the prosecution’s case, potentially leading to a dismissal or reduction of charges.
Examine Missouri’s Administrative License Hearing
A DUI charge in Missouri triggers both a criminal case and an administrative proceeding regarding your driver’s license. The administrative license hearing determines whether your license will be suspended or revoked.
This is a separate process from the criminal trial, and it’s important to request a hearing within 15 days of your arrest to contest the suspension.
During the administrative hearing, you can present evidence and arguments to challenge the basis for the license suspension. For example, if the arresting officer didn't follow proper procedures or the BAC test results are questionable, these points can be raised to contest the suspension of your license.
Consider Plea Negotiations
In some situations, negotiating a plea agreement with the prosecution may be a viable option. This could involve pleading guilty to a lesser charge, such as reckless driving, in exchange for reduced penalties. While this may not be the ideal outcome, it can help minimize the long-term impact of a DUI charge.
Before entering into any plea negotiations, it’s important to carefully weigh the potential consequences and benefits. An experienced attorney can help you evaluate whether this option is in your best interest.
Know Missouri DUI Penalties
Missouri imposes strict penalties for DUI convictions, which vary depending on factors such as prior offenses and the severity of the incident. A first-time DUI offense typically carries penalties including fines, license suspension, and possible jail time.
Subsequent offenses or cases involving aggravating factors, such as causing an accident, can result in harsher penalties.
By understanding the potential penalties, you can make informed decisions about your defense strategy. Additionally, highlighting mitigating factors, such as completing an alcohol education program or demonstrating good character, may help reduce the severity of your sentence if convicted.
Use Witness Testimony
Witness testimony can be a valuable component of your defense. This could include statements from passengers in your vehicle, bystanders, or even the arresting officer. Witnesses can provide alternative accounts of the events leading to your arrest or offer explanations for your behavior that don't involve impairment.
For example, if a passenger can testify that you were driving cautiously and showed no signs of impairment, this could counter the prosecution’s claims. Similarly, cross-examining the arresting officer can reveal inconsistencies in their account or procedural errors that undermine their credibility.
Address Missouri’s Ignition Interlock Requirement
For some DUI convictions, Missouri law mandates the installation of an ignition interlock device (IID) as a condition for license reinstatement. This device requires drivers to pass a breath test before starting their vehicle. Understanding the IID requirements and exploring alternatives, such as hardship licenses, can help minimize the impact of a DUI charge on your daily life.
Focus on Rehabilitation and Education
Demonstrating a commitment to addressing the underlying issues that led to a DUI charge can have a positive impact on your case. Enrolling in an alcohol education or treatment program can show the court that you're taking proactive steps to prevent future incidents.
This approach can also be beneficial during sentencing, as it reflects a willingness to make meaningful changes.
Stay Informed About Your Rights
Fighting a DUI charge requires a clear understanding of your legal rights and the procedures involved. Missouri law provides protections for individuals accused of DUI, including the right to challenge evidence and question witnesses.
Staying informed about these rights and working to defend them can significantly impact the outcome of your case.
Contact a DUI Attorney
If you've been charged with a DUI in Missouri, it's crucial to act quickly. Guilfoil Law Group is there for you to discuss your case and explore your legal options. I’m proud to serve Kansas City, Missouri, and the surrounding areas of Clay County, Platte County, and Jackson County. Contact me today.