Kansas City DUI Lawyer
DUI Defense Strategies in Kansas and Missouri
If you've been arrested for drunk driving, Kansas City DUI attorney
Paul W. Burmaster can help you defend against your charges for driving
under the influence. All too often, officers arrest individuals who were
completely innocent. When pulling someone over, police officers are required
to have legal basis to do so, meaning that person must have been breaking
the law in some way observable. They are not allowed to arrest you simply
because they suspect a law might have been broken. Arresting a person
without a probable cause could mean the dismissal of the case.
Were you stopped without probable cause?
If you were swerving or speeding, the officer who arrested you might have
automatically assumed that you were driving under the influence without
even acknowledging that other factors might have contributed to the offense.
People who are distracted by their cell-phone, food, people or others
are not focused on the road and can cause them to veer. In addition, officers
might also observe symptoms of intoxication that are not necessarily related
to alcohol, such as redness in the eyes or face or slurred speech. These
symptoms can sometimes be explained by allergies, tiredness, frustration,
or nerves. When you speak with Attorney Burmaster, he can help you identify
what was really going on and convey your defense to the court.
Defense Against Field Sobriety Tests
field sobriety tests have been approved by the National Highway Traffic Safety Administration,
they are not always an accurate method of proving someone's impairment.
These tests include the Horizontal Gaze Nystagmus, Walk and Turn, and
One-Leg Stand. In various studies by independent parties, all of these
tests have been proven to have less than a 70% accuracy rate in proving
alcohol impairment, sometimes even less. While performing these tests
can be difficult even for a normally functioning human being, field sobriety
exercises can be almost impossible to perform perfectly in bad weather,
or if they are nervous, and especially when a suspect has physical issues.
If the test was videotaped, then our lawyer may be able to view the evidence
and try to use it for your defense. Recorded evidence is very helpful
to show any mistakes that the officer may have made, as well as areas
where you may have in actuality passed the test, when the officer reported
you did not. It could also show how extenuating circumstances may have
made it difficult for you to maintain balance or keep focused.
Disproving Blood & Breath Tests
Chemical tests that measure an individual's blood alcohol content (BAC)
are often referred to as
blood and breath tests. Using a breathalyzer test or drawing a suspect's blood is an increasingly
popular way of testing to see if a driver is impaired. In order for these
tests to be accurate, however, a number of elements must be in place.
In the case of a
breathalyzer test, the officer conducting the test must continuously observe the suspect
for fifteen minutes to make sure that the driver does not eat, drink,
burp, or vomit. Any of these can increase the amount of alcohol in the
mouth, which leads to an erroneous test. The instrument must have been
properly maintained and cleaned so that everything was in working order
when used on an individual.
blood tests, there are also many errors that could occur. First off, the person administering
the test must be certified to do so, whether that involves drawing the
blood or the lab technicians dealing with the blood sample. Some swabs
that are used to clean the skin contain alcohol, which could wrongfully
increase a person's alcohol content. The lab worker must also make
sure that the blood sample is not contaminated or stored improperly, as
both of these could affect the results.
For all blood and breath tests, the blood alcohol content must be proved
at the time that the suspect was driving. Blood alcohol can continue to
rise for a few hours after one has been drinking, so BAC may be different
at the time that one was driving versus the time they were tested.
Call our Kansas City DUI Lawyer!
These are just a few of the countless defenses that Attorney Paul W. Burmaster
could use for your DUI case. Do not hesitate to speak with him about the
particulars of your case so he can start investigating as soon as possible.
You can trust that you are leaving your case in the hands of a competent
attorney who has defended hundreds of DUI cases, even in the Court of Appeals.
Make an appointment for your free consultation now!