WHAT ARE DEFENSES FOR DUI/DWI IN MISSOURI?

Getting arrested for driving under the influence (DUI) or driving while intoxicated (DWI) in Missouri can be an overwhelming experience. A conviction can carry serious consequences, including fines, license suspension, mandatory alcohol education programs, and even jail time.

However, a DUI/DWI charge does not always mean a conviction is inevitable. With the right legal strategy and an experienced Missouri defense attorney, you may be able to challenge the charges. Understanding the possible defenses is the first step in building your case.

Call KC Defense Counsel today and let us help you navigate the complex Missouri legal system.

MOST COMMON AND EFFECTIVE DEFENSES TO DUI/DWI IN MISSOURI

Unlawful Traffic Stop: Law enforcement must have a legitimate reason (known as “reasonable suspicion”) to pull you over. This can include erratic driving, speeding, a broken taillight, or other visible traffic violations. If the officer stopped you without a lawful reason, your attorney can argue that your constitutional rights were violated. Any evidence gathered after an illegal stop—such as field sobriety tests or breathalyzer results—may be excluded, weakening the prosecution’s case.

Inaccurate Field Sobriety Tests: Field sobriety tests (FSTs) are commonly used to assess a driver’s level of impairment. These include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. However, these tests are not always reliable.

Various factors can affect performance, such as:

• Medical conditions
• Fatigue
• Poor lighting or road conditions
• Nervousness or anxiety
• Improper instruction by the officer

A skilled Kansas City DUI defense attorney can question the accuracy of these tests and the officer’s interpretation of the results.

Faulty Breathalyzer or Blood Test Results: Breathalyzers and blood tests must be properly maintained, calibrated, and administered according to strict legal standards. If the machine was not working correctly, if the officer was not properly trained, or if the test wasn’t administered following proper protocol, the results may be unreliable.

Even substances like mouthwash, certain medications, or recent dental work can interfere with breathalyzer readings. Your attorney may be able to challenge the test results and potentially have them thrown out.

Rising Blood Alcohol Content (BAC): It’s possible that your BAC was below the legal business process limit while you were driving but increased afterward. Alcohol takes time to absorb into your bloodstream. So if you were pulled over shortly after drinking, your BAC might have still been rising at the time of the test, which is typically administered 30 minutes to an hour after the stop. This can create reasonable doubt about whether you were legally intoxicated while operating the vehicle.

Improper Arrest Procedures: Missouri law requires law enforcement officers to follow specific procedures when arresting someone for DUI or DWI. If your rights were violated during the arrest—such as failure to read your Miranda rights, improper handling of evidence, or denial of your right to speak with an attorney—your lawyer can challenge the validity of the arrest.

Medical Conditions or Other Explanations for Symptoms of Impairment: Certain medical conditions can mimic the signs of intoxication.

For example:

• Diabetes can cause fruity-smelling breath and slurred speech.
• Neurological issues can affect balance or coordination.
• Eye conditions can impact performance on the horizontal gaze nystagmus test.

Additionally, fatigue or illness can produce similar effects. These alternate explanations can serve as strong defenses when properly documented and presented by your defense attorney.

NO PROOF OF ACTUAL DRIVING

In some cases, individuals are arrested for DUI/DWI without law enforcement witnessing them driving. For example, if you’re found asleep behind the wheel in a parked car, the prosecution must prove you were operating the vehicle while impaired. Without concrete evidence of actual driving, your attorney may be able to argue for dismissal.

THE IMPORTANCE OF AN EXPERIENCED MISSOURI DUI/DWI DEFENSE ATTORNEY Missouri DUI laws are complex, and every case is unique. Having an affordable Kansas City criminal defense lawyer on your side can make a significant difference. At KC Defense Counsel, our experienced DUI attorneys can review the facts of your case, identify weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to your situation.

If you’ve been charged with DUI or DWI in Kansas City or anywhere in Missouri, contact one of our knowledgeable Missouri defense attorneys immediately. The sooner you act, the better your chances of protecting your rights, your freedom, and your future.