What Defense Strategies Are Effective in DWI/DUI Cases? Facing a DUI or DWI charge can be daunting, but there are several defense strategies that can be effective in challenging the case against you. The right defense depends on the specifics of your case, including the circumstances of your arrest, the evidence against you, and how law enforcement conducted the investigation.
It also helps to have an experienced Combs Waterkotte DWI/DUI lawyer on your side, one who is well versed in the Missouri DWI laws. If you’re facing DWI/DUI charges, call Combs Waterkotte right now at (314) 900-HELP or contact us online for a free, no-obligation consultation.
The following are some effective defense strategies for DWI/DUI cases:
Challenging the Traffic Stop
One of the first points of defense in a DWI/DUI case is questioning the legality of the traffic stop. Law enforcement must have reasonable suspicion to pull you over. Our expert DWI/DUI attorneys can demonstrate that the officer lacked reasonable suspicion or probable cause, suppressing any evidence obtained during the stop – including breathalyzer results – weakening the prosecution’s case.
Questioning Field Sobriety Tests
Field Sobriety Tests (FSTs) are subjective. A failed sobriety test can also be used as probable cause for your arrest and as evidence against you should your case go to court. Our DWI/DUI lawyers know that these tests are unreliable. Studies show that when the walk-and-turn, one-leg stand, and the horizontal gaze nystagmus tests are all used during a FST, officers were only correct 82 percent of the time.
There are also a number of reasons why a sober person could fail a FST, including:
- Hypoglycemia or Diabetes
- 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 Breathalyzer Accuracy
Breathalyzer tests are commonly used to measure blood alcohol concentration (BAC), but they are not infallible. Several factors can affect the accuracy of breathalyzer results, such as:
- Improper Calibration: Breathalyzers must be properly calibrated and maintained. The length of time between calibration depends on the type of device being used, usually at least once per year. Also, all devices are required to have maintenance checks every 35 days.
- Operator Error: The officer administering the test must be trained and follow specific protocols. Mistakes in administering the test can lead to incorrect results and our attorneys can cast a shadow of doubt.
Challenging Blood Test Procedures
If your BAC was determined through a blood test, your defense might focus on how the blood was collected, stored, and analyzed. Blood samples must be handled according to strict protocols to avoid contamination or degradation. Any mishandling could lead to inaccurate results, providing our skilled DWI/DUI attorneys grounds to challenge the inclusion of the evidence.
Arguing Rising BAC Levels
In some cases, a person’s BAC might rise between the time they were driving and the time the test was administered. Alcohol takes time to metabolize, or absorb into the bloodstream, so it’s possible that your BAC was below the legal limit while you were driving, even if it was above the limit during the test. This defense is particularly relevant if there was a delay between the traffic stop and the breath or blood test.
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.
Call the expert DWI/DUI attorneys at Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online for a free, no-strings-attached case review.
