No two people drive the same, act the same when pulled over or exhibit the same signs of intoxication. Yet DWI arrest reports filed by law enforcement officers tend to cite very similar “facts” from one case to the next. Often the officer is just checking boxes on a form rather than making careful observations and recording an accurate account of the traffic stop.
Most DWI cases are founded on physical evidence of impairment such as a breath, blood or urine test. However, it is possible to be convicted solely on a police officer’s observations, even if your blood alcohol content registered below .08. Regardless of the Breathalyzer reading, a good attorney can use the officer’s own report and testimony to refute the charges.
Are Your Drunk Driving Charges Based On Circumstantial Evidence?
St. Louis drunk driving defense lawyer Travis L. Noble is himself a former law enforcement officer. He knows how to pick apart the arresting officer’s subjective observations and unsubstantiated conclusions to cast doubt on the probable cause for arrest.
We handle DWI cases in St. Louis County, St. Charles County, Jefferson County and statewide. Contact us today to arrange a free consultation.
Police Observation During A DWI Arrest In Missouri
A Breathalyzer test or blood or urine test occurs only after you are arrested. The officer’s decision to arrest you for driving while intoxicated (alcohol) or driving under the influence (drugs) is based on a combination of observations:
- Traffic violations
- Weaving, crossing the centerline, erratic driving
- Odor of alcohol or visible containers
- Watery or bloodshot eyes
- Slurred speech
- Staggering, swaying or leaning
- Statements (“I had two beers.” “I’m a little bit buzzed.”)
- Performance on field sobriety tests
- Portable breath test reading
- Squad car video
Travis L. Noble has a reputation for noteworthy results in drunk driving defense. As a former police officer and narcotics agent for 10 years, he knows the proper protocol for DWI traffic stops, interrogation and arrest. As a criminal defense trial lawyer for 12 years, he knows how to cross-examine law enforcement officers to reveal the errors or contradictions in their observations. His goal is to get charges dismissed or reduced or to suppress prejudicial evidence based on shaky conclusions or nonstandard practices. He is always prepared to try a case to avoid a DWI conviction.