If you have been charged with a DWI or DUI in Missouri, you are not alone. Many good people end up in this situation. You think you are safe to drive, get pulled over, and find out you are legally drunk--or at least that the preliminary tests say that you are. After this comes the nightmare of arrest. So what happens next? You have a right to fight your charges. Here is a short guide to doing so.
While taking a plea bargain to a DWI or DUI in Missouri may be the best recourse in the long run, you will get a better deal if you wait. You need time to assess the case against you and to seek legal counsel. You deserve time to decide whether going to trial or accepting a plea bargain is right for you. You can always decide to plead guilty later, but there is no taking it back once you do.
The police officer has to have had a good reason to pull you over. If the stop was not for a good cause, then your charges are not valid. Similarly, the officer needs to have had good reason to administer the field sobriety test or breathalyzer. Anything else is illegal search and seizure, a violation of your rights. Unless you caused a personal injury or a car accident, the cause for the stop can likely be challenged. If you have questions about whether your stop was valid, contact a lawyer experienced in DWI or DUI in Missouri.
There are many things besides alcohol consumption that can affect a field sobriety test. The weather, your emotional state, illness, and exhaustion all play a part. In addition, there are only three tests formally approved by the National Highway Traffic Safety Administration: One-Leg Stand, Walk-and-Turn, and Horizontal Gaze Nystagmus. If you were considered likely to be under the influence due to any other test, it can be challenged in courts. In addition, many medical conditions can affect the accuracy of a breathalyzer. Diabetes, GERD, and even a bad case of heartburn can make your breathalyzer have a higher reading.
DWI and DUI are serious offenses that can have lifelong consequences. Getting legal representation can make a huge difference in both the outcome of your case and the ripples throughout your life. A good lawyer will be your representative and your advocate, helping you to navigate a complicated and confusing legal system.
A first time DWI/DUI in Missouri carries a ninety-day driver's license suspension as well as fines and possible jail time. The way you handle your case will have a huge effect on whether you are found guilty, but also what the consequences are should you be found guilty. A DWI or DUI does not have to be a tragedy if you follow the correct steps.