Driving under the influence (DUI) is a serious offense that can have significant consequences in Missouri. If you have been charged with a DUI in the state, it is important to understand the potential penalties and how to navigate the legal process.

In Missouri, the legal limit for blood alcohol concentration (BAC) is 0.08%. If you are found to be driving with a BAC above this limit, you can be charged with a DUI. The penalties for a first-time DUI offense in Missouri can include fines, license suspension, and even jail time. The severity of the penalties can increase with each subsequent offense.

Being charged with driving under the influence (DUI) can be a stressful and intimidating experience. However, it is important to remember that you have the right to defend yourself against these charges. In this blog post, we will discuss some strategies and tips for successfully defending against a DUI charge. Whether you are facing your first DUI offense or have previous convictions, it is crucial to take proactive steps on how to defend DUI charge to protect your rights.

Challenging the legality of the traffic stop

As drivers, being pulled over for a DUI stop can be a stressful and anxiety-inducing experience. However, it's important to remember that you have rights when it comes to being stopped by law enforcement, and in some cases, the legality of the traffic stop itself can be challenged.

One of the most common ways to challenge the legality of a DUI stop is to question whether the officer had reasonable suspicion to pull you over in the first place. In order to stop a vehicle, an officer must have a valid reason to believe that a traffic violation has occurred or that the driver is engaged in criminal activity. If it can be proven that the officer did not have reasonable suspicion to stop you, any evidence gathered during the stop may be thrown out in court.

Another way to challenge the legality of a DUI stop is to question the validity of the field sobriety tests or breathalyzer tests administered by the officer. These tests are not always accurate and can be influenced by a variety of factors, such as weather conditions, medical conditions, or even the officer's training. If it can be shown that the tests were not administered properly or were influenced by external factors, the results may not be admissible in court.

It's also important to remember that law enforcement officers must adhere to certain procedures when conducting a DUI stop. If your rights were violated during the stop, such as being detained for an unreasonable amount of time or being subjected to a search without consent, you may be able to challenge the legality of the stop in court.

Challenge the field sobriety tests

Field sobriety tests are often used by law enforcement officers to determine if someone is driving under the influence of alcohol or drugs. These tests typically consist of a series of physical and cognitive tasks, such as walking in a straight line, standing on one leg, or reciting the alphabet backwards.

While field sobriety tests are designed to be objective measures of impairment, they are not foolproof. In fact, challenges to the accuracy and reliability of these tests have been raised by many experts in the field of forensic science. Here are a few reasons why you should consider challenging field sobriety tests if you are ever pulled over for suspected DUI:

1. Inherent subjectivity: Field sobriety tests rely on the officer's subjective judgment to determine if a driver has passed or failed. This leaves room for human error and bias, as interpretations of performance can vary from one officer to another.

2. Physical limitations: Many field sobriety tests require a level of physical coordination and agility that may be difficult for some individuals to perform, regardless of their sobriety. Factors such as age, weight, and physical fitness can all impact a person's ability to successfully complete these tests.

3. Environmental factors: Field sobriety tests are often administered at the side of the road, where distractions such as passing cars, flashing lights, and uneven terrain can make it difficult for a driver to focus and perform well. These external factors can skew the results of the tests and lead to false accusations of impairment.

4. Lack of scientific validation: Despite their wide usage by law enforcement agencies, many field sobriety tests have not been empirically validated as accurate indicators of impairment. Studies have shown that these tests have high rates of false positives and negatives, casting doubt on their reliability as evidence in court.

In light of these concerns, it is important for drivers to know their rights when it comes to field sobriety tests. If you are ever asked to perform these tests during a traffic stop, you have the right to refuse. While refusal may result in other consequences, such as license suspension or arrest, it can also protect you from incriminating yourself based on unreliable test results.

Challenge the results of the breathalyzer test

One common defense strategy in DUI cases is to challenge the results of the breathalyzer test. Breathalyzer tests are often used by law enforcement officers to measure a person's blood alcohol concentration (BAC at the time of arrest. However, these tests can be prone to errors and inaccuracies. Here are some reasons why you may consider challenging the results of a breathalyzer test as a defense in a DUI case:

1. Calibration Errors: Breathalyzer machines need to be regularly calibrated to ensure accurate results. If the machine was not properly calibrated or maintained, it could produce inaccurate readings.

2. Environmental Factors: Certain environmental factors such as temperature, humidity, and altitude can affect the accuracy of a breathalyzer test. For example, if the test was conducted in a cold environment, it could lead to a higher BAC reading.

3. Medical Conditions: Some medical conditions such as acid reflux, diabetes, or hypoglycemia can also impact the results of a breathalyzer test. Certain medications can also interfere with the accuracy of the test.

4. Operator Error: The person administering the breathalyzer test must be properly trained and follow specific protocols to ensure accurate results. If there is any evidence of operator error, it could be used to challenge the validity of the test.

5. Rising BAC Defense: Alcohol takes time to be fully absorbed into the bloodstream, and there is a possibility that your BAC was still rising at the time of the test. This could result in a higher BAC reading than what it actually was at the time of driving.

Challenge the evidence in a DUI Case

One of the most common ways to challenge the evidence in a DUI case is to question the accuracy of the field sobriety tests that were administered by law enforcement officers. Field sobri tests, such as the walk-and-turn or one-leg stand tests, are subjective and can be influenced by a variety of factors, including a person's physical condition or nerves. Additionally, these tests are not always accurate indicators of impairment and can be challenged in court.

Another way to challenge the evidence in a DUI case is to question the results of the breathalyzer test that was administered. Breathalyzer tests are not foolproof and can produce inaccurate results for a variety of reasons, such as improper calibration or maintenance of the device, or the presence of certain substances in a person's mouth that can affect the results. It is important to remember that breathalyzer tests are not always accurate and can be challenged in court.

Consider a plea bargain

A plea bargain in a DUI case involves negotiating with the prosecutor to agree to plead guilty to a lesser charge in exchange for a more lenient sentence. This can be an attractive option for many defendants, as it can potentially result in a reduced sentence and avoid the uncertainty of going to trial.

There are several benefits to considering a plea bargain in a DUI case. Firstly, it can help to avoid the time, stress, and expense of a lengthy trial. Going to trial can be a risky proposition, as the outcome is uncertain and there is always the possibility of receiving a more severe sentence if found guilty. By negotiating a plea bargain, you can potentially receive a more favorable outcome without the uncertainty of trial.

Additionally, a plea bargain can also result in a reduced sentence. Prosecutors are often willing to negotiate a plea bargain in order to avoid the time and expense of a trial. By pleading guilty to a lesser charge, you may be able to receive a lighter sentence, such as probation or community service, rather than facing jail time or a suspended license.

However, it’s important to weigh the potential benefits of a plea bargain against the potential drawbacks. By pleading guilty to a lesser charge, you will have a criminal conviction on your record, which can have long-lasting consequences. A DUI conviction can impact your ability to drive, obtain employment, and even affect your professional license.

Before deciding whether to accept a plea bargain in a DUI case, it’s important to consult with an experienced DUI attorney. They can evaluate your case, assess the strength of the evidence against you, and provide guidance on whether a plea bargain is the best option for your situation.

Gather witness testimony

One important defense strategy in a DUI case is gathering witness testimony. Witness testimony can provide crucial evidence to support your case and challenge the prosecution's arguments. Witnesses can include passengers in your car at the time of the incident, friends or family members who were with you before or after the incident, or even bystanders who may have witnessed the events leading up to your arrest.

Witness testimony can help establish key facts in your case, such as whether you appeared impaired, how much you had to drink, and whether you were driving erratically. In some cases, witnesses may also be able to offer information that could challenge the accuracy of field sobriety tests or breathalyzer results.

It's important to gather witness testimony as soon as possible after a DUI arrest, as memories can fade over time. Your lawyer can help you identify potential witnesses and work with them to gather statements or deposition testimony that can be used in court.

Medical conditions

Medical conditions can impact a person's ability to drive and may play a role in their behavior during a traffic stop. For example, conditions such as diabetes, epilepsy, or sleep disorders can cause symptoms that may be mistaken for intoxication. In some cases, individuals experiencing a medical emergency may exhibit signs of impairment that could lead to a DUI arrest.

If you have a medical condition that could impact your ability to safely operate a vehicle, it is crucial to inform law enforcement officers and your legal representative. By providing medical documentation and supporting evidence, you may be able to build a case for why your behavior was impacted by a medical condition rather than alcohol or drug use.

However, it is important to note that simply having a medical condition is not a guaranteed defense in a DUI case. Prosecutors will still seek to prove that you were impaired while driving, regardless of the cause. It is up to you and your legal team to present a compelling argument that your medical condition played a significant role in your behavior.

Showing mitigating circumstances

Mitigating circumstances are factors that can make your actions seem less severe or excusable in the eyes of the court. Some common mitigating circumstances in DUI cases include:

1. Lack of intent: If you did not intend to drink and drive, or if you were unaware that you were over the legal limit, this can be a strong defense in your case. For example, if someone spiked your drink without your knowledge, causing you to become intoxicated, this could be a valid mitigating circumstance.

2. Involuntary intoxication: If you were involuntarily intoxicated due to being drugged or given alcohol against your will, this can also be used as a defense in a DUI case. Involuntary intoxication can happen in situations where someone is unaware that their drink has been laced with drugs or alcohol.

3. Necessity: In some cases, a person may have driven under the influence out of necessity, such as to escape a dangerous situation or to seek medical help. If you can prove that you had no other viable options and that driving was necessary to protect yourself or others, this can be considered a mitigating circumstance.

4. Good character: If you have a clean driving record, have taken steps to address any substance abuse issues, or have shown remorse for your actions, this can also be presented as a defense in your case. Showing that you are a responsible and law-abiding citizen can help to mitigate the severity of the charges against you.

Hire an experienced DUI attorney

A DUI attorney is well-versed in the complex laws surrounding driving under the influence and can provide you with the best possible defense strategy. They will have the knowledge and expertise to navigate the legal system and fight for your rights.

One of the primary benefits of hiring a DUI attorney is their ability to challenge the evidence against you. They will thoroughly review the police reports, field sobriety tests, breathalyzer results, and any other evidence to identify any weaknesses in the prosecution's case. They can also challenge the procedures used by law enforcement during your arrest to ensure that your rights were not violated.

Additionally, a DUI attorney can negotiate with the prosecution on your behalf to potentially reduce the charges or penalties you are facing. They can also represent you in court and make compelling arguments to defend your innocence.

It is essential to hire an experienced DUI attorney as soon as possible after being charged with a DUI. The sooner they are involved in your case, the better they can build a strong defense strategy. Time is of the essence in DUI cases, as deadlines for paperwork and court appearances are strict.

Hiring Michael J Englert, Attorney at Law as your defense attorney can make a significant difference in the outcome of your case. With his expertise, experience, and dedication to his clients, you can trust that you're in good hands. Contact Michael today to schedule a consultation and take the first step towards defending your rights and protecting your future.