If you are arrested for DUI in Missouri or Kansas, the Kansas City DUI lawyers at the Kane Law Office and KCticketlaw are centrally located in downtown Kansas City, Missouri, and have the experience and expertise to aggressively defend your criminal and administrative Kansas driving under the influence (DUI) charges, Missouri driving while intoxicated (DWI) charges, or related charges resulting from a refusal to submit to blood, breath, or urine testing.
There are various defenses to a DUI arrest in Missouri or Kansas that can produce favorable outcomes. KCticketlaw takes a look at common DUI defense topics.
Not driving at the time of the DUI arrest
If you are not actually driving a vehicle at the time of your DUI or DWI arrest, then you might have a strong DUI defense case. Usually, DUI arrests begin with the driver getting pulled over, so there isn’t any room for debate there. However, if a police officer doesn’t see you driving a vehicle, your defense may have merit.
No probable cause to arrest
If a police officer did not have probable cause to arrest you, detain you, or stop you for DUI/DWI, then there is a possibility that you can have some of the evidence obtained dismissed at your trial. You may have been pulled over for an unrelated reason that needs to be identified and presented to the court. KCticketlaw can help with that.
Defending against field sobriety tests
Field sobriety tests are a legal way to test if a driver is under the influence. However, they are not 100% accurate and there are a lot of human errors and behaviors that can cause this test to misread a situation. There are environmental factors, human physical factors, and other medical issues that can complicate the accuracy of a field sobriety test.
A DUI defense may depend on a recorded video of the situation as well, which may shed some light on why a person did not perform well on a field sobriety test that is unrelated to alcohol or drug intoxication.
Blood Alcohol Tests (BAC)
There are two main ways that a person’s BAC is tested for DUI/DWI, and those are through a breathalyzer test, and a blood draw.
A breathalyzer test involves the subject blowing into a device that measures the BAC on the person’s breath. There are a few ways that this test can come back wrong, including eating before the test and other physical issues. Also, the officer is expected to use a clean and properly maintained device.
A blood draw is conducted in a lab to test the blood alcohol content. A certified lab technician must do the draw in appropriate settings. When prepping the skin, swabs with alcohol may cause issues with the test. Also, the lab tech must be certain to not mishandle the samples.
A proper DUI defense will take into account the above factors, plus many variable issues that could affect your DUI arrest. Contact KCticketlaw for assistance by filling out the form on the right, or just calling!
