How to Fight a DUI in Missouri

Defend yourself in court against a DWI charge.

Any person caught with a blood alcohol level over 0.08 while in control of a motor vehicle in the state of Missouri can be charged with driving while intoxicated (DWI). There are a variety of ways to defend yourself from DWI charge in Missouri. The 4th Amendment of the Constitution protects you from unlawful search and seizure, which can apply to your case. The breath analysis machines employed by Missouri have a standard range of deviation, making them unreliable as evidence in court. Here are a few simple steps you can take to challenge a DWI charge in Missouri.

Instructions

1. Look at the citation the police officer gave in when you were arrested. The citing police station will be listed on the citation, as well as the citing police officer. Travel to the citing police station.

2. Talk to the clerk at the police station and obtain a copy of your police report. Produce government issued photo I.D., such as a driver's license or passport, and pay any applicable fee. Produce the citation and the name of the arresting officer to help the clerk find your record.

3. Read the police report and look at the reason the police officer gave for pulling youl you over. Lawful reasons to pull you over include headlights being out, taking wide turns or speeding. If the reason isn't justified than your 4th Amendment rights may have been infringed upon, and you may be able to get the case dismissed by a judge.

4. Look at the police report for you toxicology report. Your blood alcohol content was determined by a blood sample or breath test. Determine which type of sample was taken.

5. Research the hospital from which the blood sample was taken. Ask to see the swabs used to clean the skin before blood was taken. If the swab contains alcohol then the sample could be deemed tainted and might be dismissed in court.

6. Research the officer who took your breath sample to see if he is certified by the state of Missouri to do so. Look at the police report and discover if the officer observed you for at least 15 minutes before the breath sample was taken. If the officer does not have a current license from Missouri, or did not observe you for 15 minutes prior to breath test than the breath test is inadmissible.

7. Do the math on your breath test. Breath test machines have a standard range of deviation of plus or minus fiver percent. Subtract five percent from your breathalyzer test score to see if it brings you below the legal limit of 0.08.

8. Recall whether or not the police officer read you your Miranda rights. If the officer did not make your rights clear when you were being arrested, then the case could be thrown out by a judge.

9. Gather any evidence or witnesses to support your claims. Present your findings to your lawyer.

Tips & Warnings

• It is very difficult to defend yourself from properly obtained blood alcohol content evidence.

References

• Dor.mo.gov: Driving While Intoxicated (DWI)
• 1800dialdui.com: 15 Ways to Beat a Missouri DWI
• Springfieldmo.gov: Frequently Asked Questions