The Combs Law DWI defense team frequently sees a system wrought with errors. Exposing these type of errors could make a difference in your case, although every case is different:
Investigating Your Arrest
Our DWI/DUI lawyers will look through your arrest reports to see if the officer(s) followed the law properly. Improperly pulling over your vehicle or even not following the proper procedure for arresting you in St. Louis or Missouri can lead to a dismissal of your case. If an officer didn’t tell you that it was a crime to refuse a breathalyzer after your arrest can lead to the dismissal of those additional charges.
Flaws in Chemical Tests
We will also look at the results of any breath or blood test that was taken at the time of your arrest. If a breathalyzer isn’t properly maintained or proper procedures weren’t followed at a lab, your test results may not be admitted as evidence. Similarly, your blood alcohol content (BAC) rises naturally over time. A breath test taken hours after your arrest may show a higher BAC than you had at the time you were driving, potentially putting you over the legal limit.
Other Defenses
As a general example, an intoxicated person found alone in a car is usually assumed to have been driving the vehicle, even if they are found sitting in the passenger seat. However, the prosecution must be able to prove that person was driving the vehicle while having a BAC of .08% or more.