At Hollingshead and Dudley, we have represented numerous individuals confronted with DWI charges. We understand that anything and everything can happen during and immediately following a DWI arrest. When it comes to DWI law and the variety of cases, our legal team has seen it all. Our staff has compiled this article to show the ways in which you can fight a DWI charge. This should also help in avoiding a DWI arrest whenever possible and to help you defend yourself against an illegitimate conviction. Look through the strategies below, but remember that this is not a fight you should take on alone. DWI cases can be difficult and complicated legal processes that are best handled alongside of a competent DWI attorney.
What Should I Do to Avoid a DWI?
Remember to always use your head. Drinking and driving is never a sound choice. One’s drinking and driving may be due to a drinking problem, but once you drive, it is always a driving problem. The best way to avoid any consequences from the act of drinking and driving is to just not do it. If you go out with a group, make sure you have a designated driver. There are far too many reasons to not drink and drive like calling a cab or Uber, phone a friend to help you out, or walk. If you do not drive after consuming alcohol, then you will never have to deal with a DWI charge.
Be honest with yourself, and know your limit when it comes to alcohol. The common misconception that two drinks is the correct amount is wrong. Your gender, weight, and your food consumption all play a part in determining your blood alcohol content (BAC). Also the amount of drinks and what kind of drinks you had can also be involved in determining one’s BAC. If you ever question to yourself if you have had too much to drink, its best to just play it safe and not drive.
It is best to have knowledge of the road and route you will be using. DWI checkpoints and roadblocks are not spur of the moment things. They must be announced to the public, so stay informed. Read the paper or look online and keep an eye out for announcements involving roadblocks. It is very possible for even a sober driver to be detained by law enforcement at these stops. Our staff has witnessed those with very low or even zero BAC levels get stuck in roadblocks for long hours, because they merely seem to have an odor of alcohol on them. Planning your route accordingly, and driving cautious and safe is your best bet. Do not speed, drive with broken lights, fail to signal, or have expired tags. These errors are an easy invitation for law enforcement to stop or detain you.
Keep in mind that most DWI arrests are video and audio recorded. Try and stay aware of this, you never know, your actions on camera can possibly be used as an advantage. Be polite and concise when talking with the arresting officer. If you have an injury that may hinder you performing a field sobriety tests, then let the officer know. You need to remember that whatever you do say can very well be used against you even if the officer fails to read you your Miranda rights. Never admit to things that may hurt your case, and say as little as possible.
Both Missouri DWI laws and Kansas DWI laws do not require that you perform the field sobriety tests. If you have an injury that could keep you from performing the test well, then you can refuse the test. If you are feeling unable to keep your balance, refuse the test. These field sobriety tests have a very large margin of errors. In Missouri and Kansas it is not considered a moving violation if you refuse to take the preliminary breath test (PBT). You may get fined for refusing to take the test, but the test is so inaccurate it is best to not risk it. The officer will more than likely threaten to arrest you if you refuse any test. Well he is probably going to arrest you anyways, so it is best to not give them any evidence.
You deserve to get a fair test. Kansas and Missouri rely mainly on the Intoxilyzer breath machines. Kansas uses the 8000 model and Missouri uses the older model, the 5000. Only a few states still use the old technology of the 5000. If a DWI arrest happens to you, you will be given the choice of whether to take the test. The officer will give and you will need to read a long list of warnings. Stay focused and decide, based on your criminal record, whether or not to blow into the machine. If you are arrested in Missouri, you should ask to speak with an attorney before you blow. You should be allowed to speak with an attorney, but you must remember to ask. If you do blow and the data seems inaccurate, then you may want to ask for a blood test.
Consult with a DWI Attorney to Review Your Case
These legal situations can be extremely complex and it is in your best interests to hire a skilled DWI attorney to help you with your case. You will need to act fast, you have fifteen days in Missouri, and fourteen days in Kansas to ask for an administrative license hearing. If you do not request your hearing within these time constraints then your license will automatically be suspended. The expertise of an experienced DWI attorney can be critical when dealing with a DWI case. Hollingshead and Dudley has a glowing reputation for taking care of difficult DWI cases. Let us get started on your DWI case today. Our legal team has the skills, resources, work ethic, and knowledge to get you the results you are looking for from your DWI case.