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

Though 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.

For 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.

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