Top 7 Ways to Fight a DUI
Defense Strategies for Drunk Driving Charges
At Paul W. Burmaster P.A., we have represented countless individuals faced with
DUI charges. We have compiled a list of seven different ways to
fight a DUI charge, avoid a
DUI arrest whenever possible, and to defend yourself against wrongful conviction.
Read through the strategies below to learn more. If you do get arrested,
contact Paul W. Burmaster Kansas City DUI lawyer to review your case and
start building your defense.
Use Your Head — Drinking and driving
may be a drinking problem, but it is
always a driving problem. The simplest solution is not to drive. Make a plan
and stick to it. Designate someone to drive, take a cab, call a friend,
or walk. If you do not drive when you've been drinking, then you'll
never face a DUI charge.
Know Your Limit — Two drinks is the limit, right? Wrong. Your weight, gender, food
consumption, and the number and types of drinks you've had all play
a part in determining your blood alcohol content (BAC). Check out our
BAC calculator as a basic guide and learn your personal limit. Know when
you've had enough, and you should be able to avoid a DUI arrest.
Know the Road — Road blocks, or "checkpoints," don't happen at random.
They must be announced to the public, so read the paper or go online and
pay attention. Even a sober driver can be detained by these stops. I've
seen people with very low or even zero, BAC levels trapped in roadblocks
for hours just because they seem to have the odor of alcohol about them.
This is why it is important to know the road and plan your route accordingly.
Also, don't speed, fail to signal, or drive with broken lights or
expired tags. Errors like this are an invitation to be detained by police.
Smile, You're on Camera! — Most DUI arrests are now video recorded and even audio recorded.
Be aware of this and use it to your advantage. Be polite. If you have
an injury that affects your ability to perform field sobriety tests, then
speak up and repeat it again and again. For example, you can say something
like, "I have bad ankles. I have bad ankles. Good grief, I have bad
ankles." You should also know that whatever you say on the side of
the road can and will be used against you even if the officer does not
read you your Miranda rights. Do not admit to things that will hurt your
case and be sure to say as little as possible.
Simon Says Stop — Neither Missouri DUI laws nor Kansas DUI laws require you to do
the field sobriety tests, i.e. the "Simon Says" stuff on the
side of the road. If you do have an injury that will affect your ability
to keep your balance, then refuse these tests. Even if you do not have
an injury or medical condition, you may still want to refuse. These tests
have huge margins of error, yet the police force expects a near-perfect
performance from you, and the officer grading your test is not exactly
in your corner. Finally, in Missouri and Kansas, it is not a moving violation
to refuse the preliminary breath test (PBT). You can be fined for refusing
it, but the test itself is highly inaccurate and will still be used to
justify a DUI arrest. If you refuse any test, then the officer will probably
threaten to arrest you; however, he's probably going to arrest you
anyway, so why give him the extra evidence?
Get a Fair Test — Both Missouri and Kansas rely primarily on the Intoxilyzer breath
test machines. Kansas uses the 8000 and Missouri the older 5000. Only
a handful of states still rely on the primitive 5000 technology. If you
are arrested for DUI, you will be given a choice of whether or not to
take a test. You will be given and have to read a long list of warnings.
Listen and decide, based upon your criminal history, whether or not to
blow into the machine. Keep in mind that, if you are arrested in Missouri,
you should ask to talk to an attorney before you blow — you will
be given a chance to talk to one, but only if you ask. If you do blow
into the machine, then take three deep breaths first to clear your deep
lung air in order to get a more accurate reading. Do not hold your breath,
as this will cause a buildup of alcohol in your lungs resulting in a false
high reading. You can also ask for a blood test after the breath test
if the breathalyzer results seem inaccurate. Demand to be given an opportunity
to get your own fair and accurate test result.
Call a Lawyer — If you are charged with DUI or DWI, then call an experienced attorney
immediately. You have 15 days in Missouri and 14 days in Kansas to request
an administrative license hearing. If you fail to request a hearing in
a timely manner, then your license will be automatically suspended. A
good DUI attorney will meet with you for free to discuss your case. You
need an excellent attorney, not a useless one. Some attorneys quote low
fees, do little work, and often say that the license hearings can't
be won unless the officer doesn't show. A good DUI lawyer will fight
for you, know the law, look at the reports, videos, and intoxication records,
and will review evidence with you. Don't waste your money on a worthless
Contact the firm of Paul W. Burmaster P.A. instead.
Why Hire a Kansas City DUI Defense Attorney?
By retaining the experienced representation of Attorney Paul W. Burmaster,
you will have the highest possible chance of having your case dismissed.
For more than 22 years, Attorney Burmaster has fought drunk driving charges
and prevented clients from facing serious DUI penalties. He is also a
member of the National College for DUI Defense and regularly lectures
other lawyers about DUI defense strategies and procedures.
Contact our firm today for a
complimentary consultation and learn how we can handle your case.