15 Ways to Beat A Missouri DWI Arrest
There are a number of ways to defend against a Missouri DWI charge. Here is a list of some of the best DWI Defense tactics compiled by Columbia, Missouri DWI lawyer Milt Harper of fifteen ways to challenge the validity of a Columbia, Missouri DWI arrest. Not all of these will apply to every case, and there are other defenses to Columbia, Missouri DWI charges that may apply in some cases. This is simply an idea of what we can do in defending your Columbia, Missouri DWI charge. The inspiration for this page came from my good friend, and great DWI trial attorney Donald Ramsell in Illinois. To find a Missouri DWI lawyer, click here! These defenses are not necessarily listed in any particular order.
15 WAYS TO CHALLENGE A MISSOURI DWI
1) FIELD SOBRIETY TEST ADMINISTERED BY THE OFFICER ARE NOT RELIABLE EVIDENCE OF INTOXICATION – a healthy, sober individual who takes the one-leg stand test will only pass the test 65% of the time, and walk-and-turn test only 68% of the time. Persons with injuries, medical conditions, are 50 pounds or greater overweight, and 65 years or older cannot be validly judged by any of the standardized field sobriety tests. And, there are no studies that validate the reliability of the alphabet, counting, finger to nose, or other field sobriety tests. The Missouri DWI prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
2) ILLEGAL STOP – a Missouri DWI Enforcement officer cannot stop a car without having a reasonable and articulate basis to believe that a law has been violated or he can articulate unusual operation of the motor vehicle. Therefore, if the Columbia, Missouri DWI enforcement officer stops the car just because he saw the driver walk out of a bar and get into the car, or he received an anonymous tip about the driver the Missouri DWI charge may be dismissed based on violation of the driver's rights.
3) BLOOD TEST INACCURATE – The admissibility of blood testing in a Missouri DWI case depends on the procedures used in the taking of the sample. Oftentimes, medical centers that take these samples fail to follow proper protocol. Even if they say the prep swab is non-alcoholic, there is usually some trace of alcohol in the swab, which subjects these samples to a Motion to Exclude. Hospital tests have been shown to overestimate a blood sample by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated readings.
4) VIDEOS OR DISPATCH TAPES – All Missouri State Troopers, and many other Missouri DWI enforcement officers have video cameras in their patrol vehicles. These videos, along with videos from testing rooms, booking rooms, and other sources can be the best defense to some Missouri DWI charges. These videos can show that the field sobriety tests administered to are not as bad as the Missouri DWI enforcement officer interpreted them. We have seen tapes that showed the drivers speech was not muttered, slurred, or incoherent, their balance was not swaying or stumbling, and their attitude was not combative or uncooperative. These are areas where a qualified Missouri DWI attorney can show that the officer has a bias towards the driver and is not accurately testifying about the drivers clues of intoxication. Most vehicle stops are audibly recorded on dispatch tapes. If a proper motion to preserve has been filed, a failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
5) BREATH TESTING IS INACCURATE – one breath test does not tell anyone whether a driver is guilty of violating Missouri DWI law. The alcohol level in a persons blood stream changes rapidly over relatively short periods of time. Therefore, a person who consumes an alcoholic drink and then, as soon as the breath alcohol dissipates, immediately takes a breath test will have a lower blood alcohol content (BAC) than someone who consumes the same beer and takes the test a half hour or full hour later. Missouri DWI Law requires that the person who is charged with a Missouri DWI be intoxicated at the time of vehicle operation. But, breath testing is not administered at the scene. It's administered at the station, after time has passed. Therefore, if a driver's breath test is close to the .08 legal limit, the driver may have a defense to a Missouri DWI charge that the breath test is inaccurate.
6) THE OFFICER'S PRIOR RECORD AND STATEMENTS - in a proper case, a police officer’s previous disciplinary record can be used to challenge the officer’s credibility; especially if the officer has been disciplined for lying, misrepresentation, or violating the rights of a driver. Furthermore, if the officer has testified previously in a Missouri DWI case about the reliability of tests, or how to administer them, that prior testimony can be used to challenge the Officer's skills at administering field sobriety tests if he answers differently from trial to trial. Also, if the Missouri DWI enforcement officer misled the driver about the consequences of refusing to submit to tests under Missouri DWI law then the results canbe thrown out at the administrative hearing and at the criminal trial.
7) FAILURE TO CONDUCT OBSERVATION PERIOD – Missouri DWI law requires that a driver be observed continuously for a set time period prior to a breath test in order for the results to be considered admissible. Some Missouri DWI Enforcement officers may try to manipulate this time period by doing other things during the time period, and leaving the driver alone, instead of properly monitoring his actions. If the Missouri DWI enforcement officer in the Missouri DWI case did not actually observe the driver during the required time period the test results may be thrown out of court.
8) BREATH TEST OPERATOR UNLICENSED – A person who operates the Missouri DWI breath testing machine must possess a valid operator’s license. There are cases where the operator's license had expired because and the case has been dismissed or won at trial.
9) INDEPENDENT WITNESSES – Missouri DWI enforcement officers do not interview independent witnesses in a Columbia, Missouri DWI case. A proper investigation can identify these witnesses and they can be found to testify about the defendant's signs of intoxication. These witness, oftentimes, do not have the same recollection that the officer does. These witnesses include people such as bartenders, hospital personnel, wait staff, other customers at eating or drinking establishments, and others.
10) MEDICAL AND HEALTH PROBLEMS -- Medical problems with nearly any part of the body can affect the results of Missouri DWI field sobriety tests and maybe breath tests. If these conditions do interfere with the tests then the validity of the tests are subject to challenge, and may be a reason for dismissal or victory at trial.
11) FAILURE TO MIRANDIZE OR READ THE IMPLIED CONSENT WARNING – Missouri DWI prosecutors may not use the statements of a defendant in custody for violation of Missouri DWI law when the police have failed to properly warn the driver in accordance with the Miranda Warnings. Furthermore, the Missouri DWI enforcement officer must read the driver Missouri's Implied Consent law before the driver submits to the breath test.
12) BAD WEATHER – In order to explain poor driving or poor balance, weather reports establishing high winds, low visibility, and other conditions, may be used in any Missouri DWI case.
13) FAILURE TO RECORD CERTIFICATION TESTS – the value of the simulator solution used to test Missouri DWI breath machines must be recorded or will result in the breath test results to be inadmissible in court against the driver.
14) INTERFERING SUBSTANCES – false Missouri DWI breath tests may be caused by many items, such as asthma spray, cough drops, paints, or fingernail polish, which contain forms of alcohol.
15) FAILURE TO PROVIDE A SPEEDY TRIAL- the State must provide a trial within specified time periods. If they don't, the case must be dismissed.
KANSAS CITY, MO DWI LAWYER PRACTICE AREAS:
64101 Kansas City, MO, Jackson County, Missouri
64102 Kansas City, MO, Jackson County, Missouri
64105 Kansas City, MO, Jackson County, Missouri
64106 Kansas City, MO, Jackson County, Missouri
64108 Kansas City, MO, Jackson County, Missouri
64109 Kansas City, MO, Jackson County, Missouri
64110 Kansas City, MO, Jackson County, Missouri
64111 Kansas City, MO, Jackson County, Missouri
64112 Kansas City, MO, Jackson County, Missouri
64113 Kansas City, MO, Jackson County, Missouri
64114 Kansas City, MO, Jackson County, Missouri
64116 Kansas City, MO, Jackson County, Missouri
64117 Kansas City, MO, Jackson County, Missouri
64118 Kansas City, MO, Jackson County, Missouri
64119 Kansas City, MO, Jackson County, Missouri
64120 Kansas City, MO, Jackson County, Missouri
64123 Kansas City, MO, Jackson County, Missouri
64124 Kansas City, MO, Jackson County, Missouri
64125 Kansas City, MO, Jackson County, Missouri
64126 Kansas City, MO, Jackson County, Missouri
64127 Kansas City, MO, Jackson County, Missouri
64128 Kansas City, MO, Jackson County, Missouri
64129 Kansas City, MO, Jackson County, Missouri
64130 Kansas City, MO, Jackson County, Missouri
64131 Kansas City, MO, Jackson County, Missouri
64132 Kansas City, MO, Jackson County, Missouri
64133 Kansas City, MO, Jackson County, Missouri
64134 Kansas City, MO, Jackson County, Missouri
64136 Kansas City, MO, Jackson County, Missouri
64137 Kansas City, MO, Jackson County, Missouri
64138 Kansas City, MO, Jackson County, Missouri
64139 Kansas City, MO, Jackson County, Missouri
64144 Kansas City, MO, Jackson County, Missouri
64145 Kansas City, MO, Jackson County, Missouri
64146 Kansas City, MO, Jackson County, Missouri
64147 Kansas City, MO, Jackson County, Missouri
64149 Kansas City, MO, Jackson County, Missouri
64150 Kansas City, MO, Jackson County, Missouri
64151 Kansas City, MO, Jackson County, Missouri
64152 Kansas City, MO, Jackson County, Missouri
64153 Kansas City, MO, Jackson County, Missouri
64154 Kansas City, MO, Jackson County, Missouri
64155 Kansas City, MO, Jackson County, Missouri
64156 Kansas City, MO, Jackson County, Missouri
64157 Kansas City, MO, Jackson County, Missouri
64158 Kansas City, MO, Jackson County, Missouri
64160 Kansas City, MO, Jackson County, Missouri
64161 Kansas City, MO, Jackson County, Missouri
64163 Kansas City, MO, Jackson County, Missouri
64164 Kansas City, MO, Jackson County, Missouri
64165 Kansas City, MO, Jackson County, Missouri
64166 Kansas City, MO, Jackson County, Missouri
64167 Kansas City, MO, Jackson County, Missouri
64170 Kansas City, MO, Jackson County, Missouri
64173 Kansas City, MO, Jackson County, Missouri
64180 Kansas City, MO, Jackson County, Missouri
64183 Kansas City, MO, Jackson County, Missouri
64184 Kansas City, MO, Jackson County, Missouri
64185 Kansas City, MO, Jackson County, Missouri
64187 Kansas City, MO, Jackson County, Missouri
64189 Kansas City, MO, Jackson County, Missouri
64192 Kansas City, MO, Jackson County, Missouri
64193 Kansas City, MO, Jackson County, Missouri
64194 Kansas City, MO, Jackson County, Missouri
64197 Kansas City, MO, Jackson County, Missouri
64198 Kansas City, MO, Jackson County, Missouri
64944 Kansas City, MO, Jackson County, Missouri
64999 Kansas City, MO, Jackson County, Missouri
CLAY COUNTY, MO DWI LAWYER PRACTICE AREAS:
64116 North Kansas City, MO, Clay County, MO
64068 Liberty, MO, Clay County, MO
64069 Liberty, MO, Clay County, MO
64087 Liberty, MO, Clay County, MO
64117 Randolph, MO, Clay County, MO
64116 Gladstone, MO, Clay County, MO
64118 Gladstone, MO, Clay County, MO
64119 Gladstone, MO, Clay County, MO
64155 Gladstone, MO, Clay County, MO
64156 Gladstone, MO, Clay County, MO
64166 Gladstone, MO, Clay County, MO
64069 Liberty, MO, Clay County, MO
64087 Liberty, MO, Clay County, MO
64024 Excelsior Springs, MO, Clay County, MO
64117 Avondale, Clay County, MO
MO, 64161 Birmingham, MO, Clay County, MO
64119 Claycomo, MO, Clay County, MO
64118 Oakview, MO, Clay County, MO
64068 PleasantValley, MO, Clay County, MO
64073 Mosby, MO, Clay County, MO
65202 Prathersville, MO, Clay County, MO
64072 Missouri City, MO, Clay County, MO
64161 Randolph, MO, Clay County, MO
64188 Gladstone, MO, Clay County, MO
64060 Kearney, MO, Clay County, MO
64089 Smithville, MO, Clay County, MO
64165 Gladstone, MO, Clay County, MO
JACKSON COUNTY, MO DWI LAWYER PRACTICE AREAS:
64050 Independence, MO, Jackson County, MO
64052 Independence, MO, Jackson County, MO
64053 Independence, MO, Jackson County, MO
64054 Independence, MO, Jackson County, MO
64055 Independence, MO, Jackson County, MO
64056 Independence, MO, Jackson County, MO
64057 Independence, MO, Jackson County, MO
64058 Independence, MO, Jackson County, MO
64013 Blue Springs, MO, Jackson County, MO
64014 Blue Springs, MO, Jackson County, MO
64015 Blue Springs, MO, Jackson County, MO
64029 Grain Valley, MO, Jackson County, MO
64034 Greenwood, MO, Jackson County, MO
64063 Lake Lotawana, MO, Jackson County, MO
64086 Lake Lotawana, MO, Jackson County, MO
64063 Lee's Summit, MO, Jackson County, MO
64064 Lee's Summit, MO, Jackson County, MO
64065 Lee's Summit, MO, Jackson County, MO
64081 Lee's Summit, MO, Jackson County, MO
64082 Lee's Summit, MO, Jackson County, MO
64086 Lee's Summit, MO, Jackson County, MO
64129 Raytown, MO, Jackson County, MO
64133 Raytown, MO, Jackson County, MO
64138 Raytown, MO, Jackson County, MO
64050 Sugar Creek, MO, Jackson County, MO
64053 Sugar Creek, MO, Jackson County, MO
64054 Sugar Creek, MO, Jackson County, MO
64056 Sugar Creek, MO, Jackson County, MO
64058 Sugar Creek, MO, Jackson County, MO
64065 Unity Village, MO, Jackson County, MO
64015 Lake Tapawingo, MO, Jackson County, MO
PLATTE COUNTY, MO DWI LAWYER PRACTICE AREAS:
64079 Platte City, MO, Platte County, MO
64163 Ferrelview, MO, Platte County, MO
64151 Houston Lake, MO, Platte County, MO
64151 Lake Waukomis, MO, Platte County, MO
64151 Parkville, MO, Platte County, MO
64152 Parkville, MO, Platte County, MO
64151 Platte Woods, MO, Platte County, MO
64152 Weatherby Lake, MO, Platte County, MO
64153 Weatherby Lake, MO, Platte County, MO
RAY COUNTY, MO DWI LAWYER PRACTICE AREAS:
64012 Belton, MO,
64701 Harrisonville, MO,
64078 Peculiar, MO,
64080 Pleasant Hill, MO.
BOONE COUNTY, MO DWI LAWYER PRACTICE AREAS:
65201 Columbia, MO, Boone County, MO
65202 Columbia, MO, Boone County, MO
65203 Columbia, MO, Boone County, MO
65205 Columbia, MO, Boone County, MO
65211 Columbia, MO, Boone County, MO
65212 Columbia, MO, Boone County, MO
65215 Columbia, MO, Boone County, MO
65216 Columbia, MO, Boone County, MO
65217 Columbia, MO, Boone County, MO
65218 Columbia, MO, Boone County, MO
65299 Columbia, MO, Boone County, MO
65010 Ashland MO, Boone County, MO
65039 Hartsburg, MO, Boone County, MO
65240 Centrailia, MO, Boone County, MO
65255 Hallsville, MO, Boone County, MO
65256 Harrisburg, MO, Boone County, MO
65279 Rocheport, MO, Boone County, MO
65284 Sturgeon, MO, Boone County, MO
CALLAWAY COUNTY, MO DWI LAWYER PRACTICE AREAS:
63388 Williamsburg, MO, Callaway County, MO
65043 Holts Summit, MO, Callaway County, MO
65059 Mokane, MO, Callaway County, MO
65063 New Bloomfield, MO, Callaway County, MO
65067 Portland, MO, Callaway County, MO
65077 Steedman, MO, Callaway County, MO
65080 Tebbetts, MO, Callaway County, MO
65231 Auxvasse, MO, Callaway County, MO
65251 Fulton, MO, Callaway County, MO
65262 Kingdom City, MO, Callaway County, MO
HOWARD COUNTY, MO DWI LAWYER PRACTICE AREAS:
65230 Armstrong, MO, Howard County, MO
65248 Fayette, MO, Howard County, MO
65250 Franklin, MO, Howard County, MO
65254 Glasgow, MO, Howard County, MO
65274 New Franklin, MO, Howard County, MO
COOPER COUNTY, MO DWI LAWYER PRACTICE AREAS:
65068 Prairie Home, MO, Cooper County, MO
65233 Boonville, MO, Cooper County, MO
65237 Bunceton, MO, Cooper County, MO
65276 Pilot Groove, MO, Cooper County, MO
65287 Wooldridge, MO, Cooper County, MO
65322 Blackwater, MO, Cooper County, MO
65348 Otterville, MO, Cooper County, MO
AUDRAIN COUNTY, MO DWI LAWYER PRACTICE AREAS:
63345 Farber, MO, Audrain County, MO
63352 Laddonia, MO, Audrain County, MO
63382 Vandalia, MO, Audrain County, MO
65232 Benton City, MO, Audrain County, MO
65264 Martinsburg, MO, Audrain County, MO
65265 Mexico, MO, Audrain County, MO
65280 Rush Hill, MO, Audrain County, MO
65285 573 THOMPSON AUDRAIN MO
COLE COUNTY, MO DWI LAWYER PRACTICE AREAS:
65023 Centertown, MO, Cole County, MO
65032 Eugene, MO, Cole County, MO
65040 Henley, MO, Cole County, MO
65053 Lohman, MO, Cole County, MO
65074 Russellville, MO, Cole County, MO
65076 Saint Thomas, MO, Cole County, MO
65101 Jefferson City, MO Cole County, MO
65102 Jefferson City, MO Cole County, MO
65103 Jefferson City, MO Cole County, MO
65104 Jefferson City, MO Cole County, MO
65105 Jefferson City, MO Cole County, MO
65106 Jefferson City, MO Cole County, MO
65107 Jefferson City, MO Cole County, MO
65108 Jefferson City, MO Cole County, MO
65109 Jefferson City, MO Cole County, MO
65110 Jefferson City, MO Cole County, MO
65111 Jefferson City, MO Cole County, MO
MORGAN COUNTY, MO DWI LAWYER PRACTICE AREAS:
65011 Barnett, MO, Morgan County, MO
65037 Gravois Mills, MO, Morgan County, MO
65038 Laurie, MO, Morgan County, MO
65072 Rocky Mount, MO, Morgan County, MO
65078 Stover, MO, Morgan County, MO
65084 Versailles, MO, Morgan County, MO
65329 Florence, MO, Morgan County, MO
65354 Syracuse, MO, Morgan County, MO
MONITEAU COUNTY, MO DWI LAWYER PRACTICE AREAS:
65018 California, MO, Moniteau County, MO
65025 Clarksburg, MO, Moniteau County, MO
65034 Fortuna, MO, Moniteau County, MO
65042 High Point, MO, Moniteau County, MO
65046 Jamestown, MO, Moniteau County, MO
65050 Latham, MO, Moniteau County, MO
65055 McGirk, MO, Moniteau County, MO
65081 Tipton, MO, Moniteau County, MO
PETTIS COUNTY, MO DWI LAWYER PRACTICE AREAS:
65301 Sedalia, MO, Pettis County, MO
65302 Sedalia, MO, Pettis County, MO
65332 Green Ridge, MO, Pettis County, MO
65333 Houstonia, MO, Pettis County, MO
65334 Hughesville, MO, Pettis County, MO
65337 La Monte, MO, Pettis County, MO
65345 Mora, MO, Pettis County, MO
65350 Smithton, MO, Pettis County, MO
MILLER COUNTY, MO DWI LAWYER PRACTICE AREAS:
65017 Brumley, MO, Miller County, MO
65026 Eldon, MO, Miller County, MO
65047 Kaiser, MO, Miller County, MO
65064 Olean, MO, Miller County, MO
65075 Saint Elizabeth, MO, Miller County, MO
65082 Tuscumbia, MO, Miller County, MO
65083 Ulman, MO, Miller County, MO
65486 Iberia, MO, Miller County, MO
LAFAYETTE COUNTY, MO DWI LAWYER PRACTICE AREAS:
64001 Alma, MO, Lafayette County, MO
64011 Bates City, MO, Lafayette County, MO
64020 Concordia, MO, Lafayette County, MO
64021 Corder, MO, Lafayette County, MO
64022 Dover, MO, Lafayette County, MO
64037 Higginsville, MO, Lafayette County, MO
64067 Lexington, MO, Lafayette County, MO
64071 Mayview, MO, Lafayette County, MO
64074 Napoleon, MO, Lafayette County, MO
64076 Odessa, MO, Lafayette County, MO
64096 Waverly, MO, Lafayette County, MO
64097 Wellington, MO, Lafayette County, MO
65327 Emma, MO, Lafayette County, MO
RANDOLPH COUNTY, MO DWI LAWYER PRACTICE AREAS:
65239 Cairo, MO, Randolph County, MO
65243 Clark, MO, Randolph County, MO
65244 Clifton Hill, MO, Randolph County, MO
65257 Higbee, MO, Randloph County, MO
65259 Huntsville, MO, Randolph County, MO
65260 Jacksonville, MO, Randolph County, MO
65270 Moberly, MO, Randolph County, MO
65278 Renick, MO, Randolph County, MO
MONTGOMERY COUNTY, MO DWI LAWYER PRACTICE AREAS:
63333 Bellflower, MO, Montgomery County, MO
63350 High Hill, MO, Montgomery County, MO
63351 Jonesburg, MO, Montgomery County, MO
63359 Middletown, MO, Montgomery County, MO
63361 Montgomery City, MO, Montgomery County, MO
63363 New Florence, MO, Montgomery County, MO
63384 Wellsville, MO, Montgomery County, MO
65069 Rhineland, MO, Montgomery County, MO
