POTENTIAL DEFENSES FOR A DWI IN MISSOURI
A DWI is a serious criminal charge that can lead to loss of your license, jail time, fines, and loss of employment. Even if this is the first time you have been charged with DWI, it is a serious matter and you should call an experienced DWI attorney like myself right away. All consultations are free. There are many defenses which may be available to you, and there are many stages which mistakes are made if you do not have the right attorney. Some of the common defenses which may be available to your case are listed below:
- The initial police stop, detention, and search violated your constitutional right to be free of an unlawful search and seizure, if the officer:
- did not have probable cause to pull you over;
- did not have probable cause to detain you for a DWI investigation;
- did not have probable cause to arrest you for DWI; or
- did not have an exception to the warrant requirement to search you or your vehicle.
- If you took standardized field sobriety tests (SFSTs), the results could be excluded from evidence if the officer:
- was not properly trained to administer SFSTs; or
- did not administer SFSTs pursuant to training and National Highway Traffic Safety Administration (NHTSA) protocol.
- If you took a breathalyzer test, the result could be excluded from evidence if:
- it was not properly calibrated pursuant to regulations; or
- it was not properly administered pursuant to regulations.
- If there was a blood test administered and tested, the result could be excluded from evidence if:
- it was not properly collected, stored, or analyzed pursuant to regulations; or
- it was contaminated.
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