Just because your BAC results come back under the legal limit of .08% does not mean you cannot be arrested for driving while intoxicated (DWI). Driving under the influence of illegal drugs is still a form of illegal impaired driving. Even prescription medicine can be enough for you to be arrested, charged and convicted of a DWI - especially if mixed with alcohol. In Missouri these offenses are refered to as DWI, where in other states they may be called DUI. 

Drug recognition experts (DRE) are becoming more common in Missouri police departments in order to assess drivers who show visual or cognitive impairment, but whose BAC levels are below the limit. These so called experts may administer a battery of tests and request blood or urine samples in order to prove the driver is under the influence of drugs. These tests could show any and all of the drugs which the driver has recently used including: marijuana, painkillers, narcotics, prescription medicine and more. With medical marijuana becoming legal in Missouri on Janaury 1, 2020, DWI arrests for drugs are sure to increase.

There are numerous issues with DREs, DRE testing, and blood testing for drugs. Even if an illegal drug is detected through a blood test, it may be dififcult to pinpoint exactly when the driver ingested the substance or what level was presence during operation. An experienced DWI attorney like myself will fight for you and discover if any procedures or tests were not properly administered and ensure you get the best possible outcome given your circumstances.

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Updated on March 23rd, 2020