WHAT ARE LEGAL DEFENSES FOR DRUNK DRIVING IN MISSOURI?

Being charged with drunk driving (DUI or DWI) in Missouri can be frightening, but it’s important to remember that a charge is not a conviction. You have legal rights, and with the help of an experienced Kansas City DUI defense attorney, there are several defenses that may be available to fight the charges against you.
At KC Defense Counsel, we understand that every DUI case is different. The details matter…how you were stopped, how the tests were administered, and what your behavior actually showed.
If you’ve been charged with driving under the influence in Kansas City or anywhere in Missouri, call KC Defense Counsel today and let us help begin building your defense. There are defenses to a drunk driving charge in Missouri, but timing is crucial.
POSSIBLE DEFENSES FOR DUI/DWI IN MISSOURI
- Illegal Traffic Stop: Police officers must have a valid reason—known as “reasonable suspicion”—to pull you over. If they didn’t witness any clear traffic violation (like swerving, speeding, or running a red light), then the entire stop may have been unlawful.
If your attorney can show that the officer lacked reasonable suspicion, any evidence gathered during the stop (including field sobriety tests and BAC results) could be thrown out. That could mean a full dismissal of your charges.
- Improper Administration of Field Sobriety Tests: Field sobriety tests, like walking in a straight line or standing on one leg—are often used to determine if a driver is impaired. But these tests are subjective and can be impacted by factors unrelated to alcohol, including:
- Fatigue
- Medical conditions
- Anxiety or nervousness
- Uneven pavement or poor lighting
If the tests weren’t administered properly or weren’t recorded, your DUI defense lawyer can challenge their validity in court.
- Inaccurate Breathalyzer Results: Breath testing devices must be calibrated and maintained regularly to ensure accuracy. If the machine used in your case was out of date, poorly maintained, or improperly operated, your test results may be unreliable.
Even small factors, like mouthwash, acid reflux, or certain medications — can lead to falsely elevated BAC levels. Your Kansas City DUI lawyer will review the machine’s maintenance records and how the test was performed to determine if a challenge is possible.
- No Probable Cause for Arrest: Even if the traffic stop was legal, law enforcement must have probable cause to make a DUI arrest. That means they must observe specific signs of impairment, such as slurred speech, red eyes, or the smell of alcohol. If there was no clear reason to arrest you beyond the officer’s “gut feeling,” your attorney may argue that the arrest was unlawful.
- Medical Conditions That Mimic Intoxication: Certain medical conditions can mimic signs of intoxication or even cause elevated BAC levels. For example:
- Diabetes can cause “fruity breath” or slurred speech
- Neurological disorders may affect balance or coordination
- Gastroesophageal reflux (GERD) can skew breath test results
If you suffer from any of these conditions, your DUI defense lawyer can bring expert testimony to explain how your condition impacted the officer’s observations or test results.
- Rising Blood Alcohol Defense: Alcohol takes time to be absorbed into your bloodstream. It’s possible that your BAC was below the legal limit while driving, but rose above 0.08% by the time the test was administered. This is known as the “rising BAC” defense.
An experienced Missouri DUI attorney can use toxicology reports and expert analysis to support this argument.
WHY YOU NEED AN EXPERIENCED MISSOURI DUI/DWI DEFENSE LAWYER
Successfully raising any of these defenses requires deep knowledge of Missouri DUI laws, court procedures, and scientific testing protocols. At KC Defense Counsel, our team knows how to spot weaknesses in the prosecution’s case and use them to your advantage.
We’ll examine every detail—from dashcam footage and arrest reports to test procedures and officer conduct—to build the strongest possible defense.
CHARGED WITH DUI/DWI IN MISSOURI? CALL KC DEFENSE COUNSEL TODAY
Don’t assume a DUI charge means a conviction. With the right legal strategy and an aggressive Kansas City DUI lawyer by your side, you may be able to reduce or eliminate the charges entirely.
Contact KC Defense Counsel today for a free case evaluation. We’re here to protect your rights, fight for your future, and help you move forward.
Call now or submit your case online. Time is critical — let us get to work today.
Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland, Drexel, Fairview, Ferrelview, Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview, Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill, Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy, Warrensberg, Weatherby Lake, and Weston.
Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.
Contact us if your ticket is not on this list so our experienced Kansas City traffic defense lawyers near me in Missouri can be of assistance.
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