DWI Defense Strategies for Winning Your Case

Facing a driving while intoxicated (DWI) charge in St. Louis or anywhere else in Missouri can be overwhelming, but with the right lawyer and the right defense strategies, you can navigate the legal landscape and increase your chances of a favorable outcome. You need the expertise of Combs Waterkotte on your side.

Our St. Louis criminal defense lawyers have decades of experience defending clients charged with DWI or DUI. Call us immediately at (314) 900-HELP or contact us online for a free, no-strings-attached consultation where our attorneys can speak on the specifics of your case and offer guidance on your next course of action.

DWI Defense Strategies from Our Expert Attorneys

To build an effective defense, you need to turn to a knowledgeable legal team that understands Missouri DWI laws. We’ll delve into the legal framework with you, including blood alcohol concentration (BAC) limits, and the administrative and criminal components of St. Louis DWI cases.

Some of our defense strategies are:

Challenging the Traffic Stop

Examining the legality of the traffic stop is our legal team’s critical first step. We’ll explore strategies for challenging the stop, questioning the officer’s probable cause and reasonable suspicion, and ensuring your rights were respected during the initial encounter with law enforcement.

Disputing a Field Sobriety Test or Chemical Testing

FSTs and chemical testing play a pivotal role in DWI cases. A failed sobriety test can be used as probable cause for your arrest and as evidence against you should your case go to court. Our DWI lawyers in St. Louis know that these tests are unreliable at best. In fact, studies show that when the walk-and-turn, one-leg stand, and the horizontal gaze tests are all used during a FST, officers were only correct 82 percent of the time.

Also, there are plenty of reasons why a sober person could fail a FST, such as:

Diabetes or hypoglycemia
Peripheral neuropathy
You suffer from anxiety
You’ve had a significant injury that affects your balance
You didn’t understand the instructions
You are naturally uncoordinated
Poor footwear
Poor weather conditions
Prescription medications

Disputing a Breathalyzer or Blood Test Result

Breathalyzers and blood tests are frequently subject to errors and inaccuracies. In fact, all breathalyzers have an inherent margin of error. Depending on the specifics of your case, your Combs Waterkotte St. Louis DWI lawyer may be able to argue that your BAC results are unreliable and can’t be used.

The Rising BAC Defense

This defense strategy rests on the fact that BAC levels fluctuate over time and that the breathalyzer or blood test did not accurately reflect your BAC while driving. It can take anywhere from 30 minutes to 3 hours for your body to fully metabolize alcohol. Therefore, our St. Louis DWI lawyers might show that an officer’s test was performed at a time when alcohol in your system peaked, but that it was not at the same level while you were driving.

Constitutional Violations and Due Process

Law enforcement officers and the state of Missouri as a whole are held to high standards when it comes to arresting, charging, investigating, or interrogating anyone. You are entitled to an attorney under the Sixth Amendment and you must be made aware of that, as well as your Miranda rights. We will examine how to identify and challenge violations that could lead to the exclusion of testimony, evidence, or even case dismissal.