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Smithville, MO

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Last Updated: September 27, 2024

DUI Attorney Near Me Smithville, MO

DUI attorney near me in Smithville, MO. Being arrested for driving under the influence in Smithville, MO is a serious matter. Whatever the situation, when you are arrested for driving while intoxicated by drugs or alcohol, a you need the best legal representation available to fight on your behalf and protect your future.

You deserve a talented defense attorney who has a track record of winning in Smithville and Missouri. Depending on the details of your case, a sharp Smithville, MO DUI attorney near you may be able to get the prosecutor to drop the charges, have the charges reduced to lesser offenses, lead your case to trial to fight the conviction or work with the prosecutor to negotiate a plea bargain. Their principle responsibility is to navigate the law and the entire legal process for your Smithville, MO DUI case. For dedicated, aggressive defense against injustice when you have been accused of driving under the influence of drugs or alcohol, call Combs Waterkotte at (314) 900-HELP.

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What is a DUI in Smithville, MO?

Commonly referred to as a DUI (which stands for driving under the influence, the official nomenclature used in Missouri courts is a DWI (driving while intoxicated). Missouri Revised Statute §577.010 and §577.012 lay forth what constitutes the crime of driving while intoxicated and establishes the rules Missouri courts must follow to sentence and punish DWI offenders for operating a vehicle with a BAC (blood alcohol content) over the legal limit or while otherwise intoxicated. If you have been arrested in Missouri for a DWI, you may need a DUI attorney near Smithville, MO who will stand up on your behalf and help you navigate what can be an intimidating Missouri court process.

A police officer may arrest someone for a DWI in Missouri for a number of reasons. Under Missouri law, it is illegal to drive while intoxicated, and that covers more than just driving under the influence of alcohol. While DWI arrests are often accusations of driving drunk, you can also be arrested for a DWI on suspicion of driving a vehicle while under the influence of another psychoactive drug.

The same Missouri law prohibits driving while impared by drugs or substances that impair skills necessary to driving including motor skills, reaction time and decision making. That means that you are liable to arrest if a police officer believes that you are impaired, including due to ingesting marijuana or even narcotics or pharmaceuticals like opiates.

If you or a family member have been arrested for a DWI in Missouri, contact a DUI attorney near you as soon as possible. Chris Combs of Combs Waterkotte is a skilled Smithville-based DUI attorney near you. When you need a DUI attorney near you whom you can trust, call (314) 900-HELP.

DUI Stops and Arrests in Smithville, MO

You owe it to yourself to know your rights lest you are pulled over for operating a vehicle while under the influence. Reach out to Combs Waterkotte at (314) 900-HELP immediately to speak to a leading Smithville, MO DUI attorney near you and understand your rights and what you should do if you are ever stopped when driving in Missouri. And if you were already subjected to a traffic stop and were arrested for driving drunk or high, our incredible Smithville, MO defense lawyers will protect your rights and freedoms.

Become familiar with the rules and what to expect for Missouri traffic stops, sobriety tests and checkpoints.

DUI Traffic Stops in Smithville, MO

In order to pull someone over, a Smithville, MO or any Missouri police officer must have reasonable suspicion. For a DWI, reasonable suspicion would be represented by behaviors like like drifting out of lane, driving the wrong way down a road and any other behaviors such as driving extremely slow or fast, swerving or alternating between braking and accelerating.

A police officer is not able to lawfully stop you unless there is reasonable suspicion that you are breaking the law by driving while intoxicated satisfy the higher burden of probable cause in order to actually place you under arrest for a DWI.

If you suspect that you were unlawfully stopped or arrested for your Smithville, MO DWI, contact a DUI attorney near you right away. If an officer stopped you without any reasonable suspicion, even if they then obtained evidence that you were driving intoxicated, a DUI attorney near Smithville, MO can help get your case dismissed and put to rest so you can move on with your life.

Sobriety Tests for DUIs in Smithville, MO

If you are pulled over by an officer under suspicion of intoxicated driving, they will likely try to get you to do a test to prove that you are intoxicated. There are two types of tests Smithville, MO police officers typically use in traffic stops for driving under the influence: field sobriety tests and chemical tests.

  1. Chemical Tests (ie. a breathalizer)

    In Smithville, MO stops for drunk driving or driving under the influence, chemical tests are often used as evidence to collect evidence that the driver was intoxicated at the time of the stop. Chemical tests include tests of the blood, breath, saliva or urine that are meant to identify the presence of and/or measure the concentration of various substances including alcohol.

    Each state has its own laws and many, including Missouri have in place an implied consent law, pursuant to whichSmithville, MO and other Missouri drivers automatically agree to submit to chemical sobriety tests just by getting behind the wheel. A smart DUI attorney near you will counsel you to know that you can refuse to a breathalyzer, but you can face legal consequences for the act of refusing the test. Still, the police cannot physically force you to take the test.

    If you already did a breathalyzer test, speak to an exemplary Smithville, MO DUI attorney near you to figure out your options and get the best quality defense in your case. As your Smithville, MO DUI attorney near you, Combs Waterkotte will investigate and scrutinize the details of your test to conclude if the breathalyzer or other test was administered lawfully and whether it should or should not be admissible in court.

  2. Field Sobriety Tests

    Field tests during a DWI traffic stop are subjective tests that are meant to gauge whether you are intoxicated by asking the driver to perform motor tasks. The National Highway Traffic and Safety Administration has specified three standardized field tests police officers subject drivers to in Smithville, MO and all over the United States.

    1. Walk and turn – walk heel to toe in a straight line for nine steps, turn around and repeat in the opposite direction
    2. One leg stand – lift one leg six inches above the ground and stand on the other leg for a period of time without losing balance
    3. Gaze tests – the officer holds an object and asks the driver to follow the object with their gaze as the officer moves the object

    It is your right in Missouri to refuse to perform a field test. If a police officer stops you and asks you to perform field sobriety tests, call a DUI attorney near you in Smithville, MO as soon as possible. If you have already completed a field test and have been arrested for a DUI in Missouri, your DUI attorney in Smithville, MO will design an insurmountable defense to your case or make sure any illegally obtained evidence is thrown out and not used against you in Missouri court.

Traffic Checkpoints in Smithville, MO

A checkpoint is a temporary roadblock used as a way to systematically screen drivers for driving under the influence. There are federal laws that regulate the carriage of DUI checkpoints, but each state has its own rules and some prohibit the use of checkpoints. Missouri legislators have entertained banning sobriety checkpoints, but curent Missouri law still allows police to use them.

Police departments in Smithville and around Missouri do not use checkpoints as heavily as they did in the past, but it is still prudent to educate yourself on your rights and the rules regulating checkpoints. If you are not sure, speak to a DUI attorney near you at (314) 900-HELP.

The police must be able to justify the use and location for a sobriety checkpoint by showing that the decisions are directly related to public safety. DUI checkpoints should be:

  • announced to the public in advance
  • sanctioned or planned by supervising law enforcement officers
  • carried out in a way that is neutral to all drivers (i.e. randomly selected drivers)
  • limited in time
  • clearly associated with law enforcement

In addition, there must be a logical reason for carrying out the checkpoint related to public safety, such as an area where a higher-than-average rate of drunk driving-related accidents has occurred.

If you find yourself at a checkpoint in Smithville, MO, speak to a Combs Waterkotte DUI attorney near you at (314) 900-HELP. Our determined Smithville, MO attorneys will ferociously defend you and protect your rights in the court of law. Reach out to us online to review your case with a kind and cunning DUI attorney near you today.

Through Combs Waterkotte, you have access to some of the best criminal defense services in the Smithville, MO area. At Combs Waterkotte, a DUI attorney near you will fight for your rights and provide you with an infallible defense when you have been accused of driving under the influence in Smithville or anywhere in Missouri. Our team of Smithville, MO attorneys have expertise in a wide range of other case types, including:

Click below to learn more about the different DUI charges in Missouri and how Combs Waterkotte’s DUI attorneys in Smithville, MO can defend you.

Work with a Top DUI Attorney Near Me in Smithville, MO | Combs Waterkotte

Do yourself a favor and act now. If you have been stopped or arrested for driving under the influence near Smithville, MO, you need to hire a DUI attorney near you whom you can trust. Being arrested and convicted of a DWI or similar charge in Missouri is a serious matter that can carry significant consequences. Your future and freedom are on the line, and a Combs Waterkotte DUI attorney near you in Smithville, MO will defend you. Contact our Smithville, MO defense law firm right away to consult a lawyer about your rights, your case and your future.

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