DWI/DUI Breath & Blood Tests Lawyer in St. Louis
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This content has been written and edited by professional legal writers and individually reviewed and verified by Christopher Combs and Steven Waterkotte, attorneys who have over 40 combined years in the criminal defense industry.
DUI/DWI Breath & Blood Tests Defense Attorney in St Louis: Protecting Your Freedom
Combs Waterkotte is the leading criminal defense and traffic firm serving St. Louis and the entire state of Missouri. Our criminal defense attorneys will fight for your freedom, your rights, and will not give up until you get fair justice. Our exceptional record and over 200 reviews speak for themselves. Whether you have been charged with a crime or ticket, we can help.
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Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) charges are serious offenses that can have significant, long-term ramifications on your life.
One of the critical aspects of these cases is the breath and blood tests used by law enforcement in St. Louis or elsewhere in Missouri to determine your blood alcohol concentration (BAC).
You don't have to go through this alone. Contact one of our lawyers today at (314) 900-HELP to protect your future.
The experienced St. Louis DWI attorneys at Combs Waterkotte can help you understand these tests and how they can be used against you, your rights, and how to challenge a breath or blood test. We specialize in defending clients against DWI/DUI charges in St. Louis and throughout Missouri, ensuring your rights and future are protected every step of the way.
Our firm has handled a multitude of DWI cases in jurisdictions throughout the St. Louis area as well as throughout the state of Missouri, ranging from first-time DWI offenders to those who caused an accident or injury while under the influence. We are confident in our capability to defend you if you are facing any DWI related legal issues in St. Louis or elsewhere in Missouri.
We'll pursue every legal avenue to eliminate the legal consequences of the DWI or DUI charges against you in St. Louis, or severely limit them. But if the evidence is stacked against you, or you made a terrible mistake you regret, we'll still represent you and work to get the best possible resolution for you, your loved ones, and your future. Call our expert DWI/DUI lawyers now at (314) 900-HELP or contact us online for a free, no-obligation consultation where you can discuss the specifics of your case.
Click on the links below to learn more about DWI/DUI defense and types of cases:
How Can a DWI/DUI Breath & Blood Test Lawyer Help Me in St. Louis, MO?
We understand that, all too often, good people find themselves in unfortunate situations. Combs Waterkotte’s St. Louis DUI/DWI Breath & Blood Tests defense team is dedicated to defending our clients’ rights and achieving the best possible solution for them.
What the Experts at Combs Waterkotte Do for You:
- Listens to your story and investigates charges
- Helps you understand charges and evidence
- Develops a tailored legal defense strategy
- Negotiates with prosecutors and defends at trial
What Happens Without the Combs Waterkotte Attorneys:
- Lack of professional legal guidance
- Limited knowledge of legal procedures and evidence
- Extremely limited negotiation and defense skills
- Risk of harsher penalties, fines, and long-term consequences
Understanding DWI/DUI Breath Tests in St. Louis
Breath tests are commonly conducted after a law enforcement officer believes you failed a field sobriety test. According to our skilled legal team, the best option is to refuse these tests.
How breath tests work in St. Louis and throughout Missouri:
- Preliminary Breath Test (PBT): The arresting law enforcement officer uses a portable breathalyzer device to conduct this test roadside, measuring the driver’s BAC. The results can be used to establish probable cause, but they are not admissible in court as evidence of BAC.
- Evidentiary Breath Test: These are conducted after an arrest, in a police station, sheriff’s office, or medical facility. These tests use more sophisticated equipment – including using infrared spectroscopy and chemical reactions in fuel cells as analysis – and the results are admissible in court.
Defenses Against DWI/DUI Breath Tests in St. Louis, MO
The majority of DWI and DUI cases we see in St. Louis and elsewhere in Missouri are based on breath test results over .08%. If for some reason you chose to submit to a breathalyzer — again, we emphatically suggested that you do not — our expert DWI/DUI defense attorneys can craft a defense strategy, asking:
- Was the machine properly calibrated? To ensure reliability, devices require calibration to provide consistent, accurate results. The length of time between calibration depends on the type of device being used, usually at least once per year. However, if the results aren’t reliable, our attorneys can cast a shadow of doubt.
- Has the machine been properly maintained and stored? In Missouri, all devices are required to have maintenance checks every 35 days. Additionally, there needs to be up-to-date records of any repairs, accuracy checks, maintenance, and calibration. It’s the prosecution’s burden to prove the particular machine was working properly at the time of your test.
- Did the law enforcement officer follow procedure? Perhaps the officer who pulled you over lacked proper breathalyzer training, or gave you improper instructions on how to blow steadily into the machine. We will investigate the officer’s current ability to perform tests as well as past performance, leaving nothing to chance.
Other contributing factors that could affect the results of a breathalyzer include medical conditions – including diabetes, acid reflux, gum disease, and more – recent smoking, vomiting, food, drink, mints, or medications. If you’re facing DWI/DUI charges because of a failed breath test, be sure to have an in-depth conversation with our defense attorneys immediately. Call us at (314) 900-HELP or reach out to us online.
Understanding DWI/DUI Blood Tests in St. Louis
Blood tests in St. Louis or elsewhere in Missouri provide a more direct and accurate measurement of BAC. They are typically used when breath tests are challenged or refused, or when more precise readings are needed. Law enforcement does have to get a warrant for such a test, unless the driver is unconscious and/or cannot perform a breath test, according to the U.S. Supreme Court in Birchfield v. North Dakota.
How blood tests work in St. Louis and throughout Missouri:
- Blood Draw: A sample of your blood is taken and sent to a toxicology lab for chemical analysis.
- Analysis: The lab measures the alcohol content in your blood to determine your BAC. This can be admitted as evidence in court.
Common Defenses Against DWI/DUI Blood Tests in St. Louis, MO
Although accurate and reliable, blood tests can be challenged on a number of grounds in Missouri DWI cases. The Combs Waterkotte DWI attorneys love a challenge. Give us a call right away at (314) 900-HELP or contact us online. Our legal team can invoke a number of defense strategies to create reasonable doubt, including asking:
- How was the blood collected and by whom? The individual extracting the blood sample must be qualified. Additionally, the site must be prepped with Betadine or white soap, rather than an alcohol prep pad which could boost BAC by as much as .16%. The blood must be drawn from a vein, rather than an artery, into a 10 milliliter gray-topped vial commonly called vacutainers. These vials contain sufficient preservatives and anticoagulants.
- How was the blood stored and transported? Was the chain of custody followed? After extraction, the vial must be sealed and properly mixed by inverting it eight times. It then must be labeled correctly, stored at the correct temperature so as to avoid natural fermentation, and transported for testing. The prosecution must show that the location of the sample has been accounted for every step of the way, proving chain of custody.
- Can our DWI defense attorneys now test the blood? The quantity of blood extracted must be enough to allow our legal team to run a test of our own. If blood is missing, or there isn’t enough for us to test, that just begs for questioning the validity of the initial test.
Our skilled defense attorneys will look at every step and if any of these requirements weren’t met, it’s possible to get your blood test excluded or suppressed. We will review all the evidence, including scrutinizing the procedures followed, challenge any test results, and defend your rights throughout the process.
Connect With the Leader Among St. Louis DWI/DUI Breath & Blood Tests Defense Attorneys at Combs Waterkotte Today
Do not face DWI/DUI charges alone in St. Louis or anywhere else in Missouri. The experienced attorneys at Combs Waterkotte are here to help you with DWI/DUI breath and blood tests and their complexities to get you the best possible outcome.
Call our St. Louis DWI/DUI defense attorneys today at (314) 900-HELP or contact us online for a no-strings-attached case review.
Helpful Links
For more information on DWI/DUI defense in St. Louis or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
- Should/Can I Refuse a Blood Test?
- Don’t “Blow” Your DWI/DUI Case: Key Mistakes to Avoid
- How Likely is Jail Time for a First Time DWI/DUI Offense in Missouri?
- What Defense Strategies are Effective in DWI/DUI Cases?
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