In Missouri, driving while intoxicated charges indicate that the driver had a blood-alcohol reading of 0.08 percent. However, the officers must provide clear evidence that the driver was intoxicated and breaking the law. A DWI Attorney in Hillsboro MO helps the defendant build an effective defense.
Probable Cause for Stopping the Driver
Officers must have probable cause to stop a driver for a potential DWI. The driver must commit a moving violation prior to being stopped. The officers cannot stop drivers simply because they were seen living the parking lot of a nightclub. The officer must witness the driver reckless driving, speeding, or swerving into the other lane.
Faulty Testing Equipment
Faulty testing equipment presents false positive and won’t present a conviction. All testing equipment must be tested and repaired according to the manufacturer’s requirements. If the equipment is proven faulty, the case is dismissed.
Was the Driver Operating the Vehicle?
Officers will try to arrest a driver for DWI if they are in the driver’s seat. However, the automobile must be moving in order to charge the driver with a DWI. The officers cannot arrest the driver if they are parked with the automobile running unless it is mobile. However, some officers will trick the driver to get out of the vehicle and arrest them for public intoxication.
Conflicting Test Results
At any time that officers take a blood sample, the defendant may request a sample to give to their attorney. Their attorney sends the sample to a lab and determines if the agency’s results are accurate. If the two samples don’t match, the case is dismissed.
Medical Conditions that Mimic Intoxication
Diabetic drivers who are experiencing excessively high blood glucose levels exhibit some signs of intoxication. If the officers aren’t aware of the condition, they could assume that the driver is drunk. Glucose level testing helps confirm the dangerous blood sugar levels.
In Missouri, driving while intoxicated is a serious charge and imposes severe penalties if the driver is convicted. The driver could face jail time, driver’s license suspensions, and high fines. Defendants who want to learn more about a defense contact a DWI Attorney in Hillsboro MO through Wegmann Law Firm right now.
