People who are accused of driving while intoxicated (DWI) offenses in Missouri have several options for defending against those allegations. One common strategy involves raising questions about the accuracy of an alcohol breath test or providing an alternate explanation for why someone may have failed.
DWI rules in Missouri prohibit driving while under the influence of alcohol and also while under the influence of any other drug that affects someone’s cognition, alertness or motor control. Both illegal drugs and prescription medication could lead to DWI charges in Missouri. The defense strategies people employ when these charges are in question are often vastly different because the specific rules about drugged driving are different even though the charges are the same.
There is no legal threshold for drug intoxication
In an alcohol-related DWI case, the law in Missouri very clearly outlines a specific limit for a driver’s blood alcohol concentration (BAC). Anyone who tests at a level over the limit is potentially at risk of arrest and prosecution. Unlike alcohol, drugs do not have any sort of limit that applies. Simply failing a chemical test or admitting to using drugs prior to driving can be sufficient reason for the state to charge someone with a DWI. There is no limit or threshold that applies to a drug-related DWI case.
Proving that someone has a tolerance or that they had a minimal amount of the substance in their bloodstream is unlikely to have much impact on someone’s charges. Those facing drug-related DWI charges in Missouri may need to employ a more creative approach when attempting to prepare a criminal defense strategy.
It is still possible to question the accuracy of test results by establishing why there may have been a false positive test result. A defense strategy could also potentially question the legality of a traffic stop. If an officer did not have a valid reason to pull someone over to begin with, the state may not be able to use any evidence gathered during that stop during a trial.
Discussing the scenario that led to a drugged driving DWI arrest with a skilled legal team can help someone evaluate different defense options. The best way to reduce the risk of incurring potential consequences is to avoid a criminal conviction. Drivers who fight DWI charges can potentially protect their reputations and their licenses accordingly.
