If you or a loved one were arrested for driving while intoxicated in Missouri, law enforcement likely requested a breath, blood, or urine test. In some cases, they may have requested two or more tests, and worst of all, they may have forcibly taken it after getting a warrant from a judge.
If you or a loved one were arrested for DWI in St. Louis, call JCS Law at (314) 561-9690 today.
Calculating BAC
Measuring someone’s blood alcohol content (BAC) is an objective way to determine whether they are under the influence of alcohol. BAC tests measure the concentration of alcohol in your bloodstream, expressed as a percentage.
A BAC concentration greater than 0.08% is considered above the legal limit for intoxication in Missouri. Driving under the influence (DUI) or driving while intoxicated (DWI) charges are serous charges. A charge of Excessive BAC has some advantages over DWI. In certain circumstances it will result in fewer points on your license.
Issues with BAC calculations
Time
Calculating BAC isn’t as straightforward as a Missouri police officer would have you believe, however. First, alcohol takes time to be absorbed into the bloodstream, so it’s not detectable in a reliable manner until about 30-70 minutes after the person takes their first drink.
Health variables
Second, many factors affect how and to what extent alcohol is absorbed in the bloodstream: the sex and weight of the person, whether or not they’ve eaten (food in the stomach slows absorption), and if they take any medications that interact with alcohol.
As a general rule of thumb, though, a BAC of 0.08% is the equivalent of about 1-2 drinks for a woman and 2-3 drinks for a man.
Accuracy of specific test types
The blood test is the most accurate of these tests, as it truly measures your BAC. A breath test administered by a breathalyzer is only somewhat accurate because it measures the concentration of alcohol on your breath, not in your bloodstream.
A skilled DWI lawyer in St. Louis may argue the difference between these two tests, or the inaccuracy of a breathalyzer, in court, which could result in the charges against you being thrown out.
What to do after failing a blood alcohol test
The first thing you need to do after failing a breath, blood, or urine test is to consult with an experienced DWI attorney. JCS Law helps those facing BAC charges in all municipal, county, and state courts in Missouri.
Remember, you have 15 days from the day of your DWI arrest to protect your driving privilege. Whether you blew or refused, it is possible to stop a suspension or revocation with proper representation.
Types of blood alcohol tests in Missouri
Missouri recognizes three types of chemical tests used by police to make DWI arrests: breath, blood, and urine tests.
| Breath tests | Blood tests | Urine tests |
| Somewhat accurate | Most accurate | Least accurate |
| Only used on suspicion of alcohol | Used on suspicion of drugs or alcohol | Used on suspicion of drugs |
| Usually performed at the scene | Not performed at the scene | Rarely performed at the scene |
Implied consent
Missouri law authorizes law enforcement in certain situations to request these samples and by driving in the Show Me State you have already given implied consent to do so. You still have a right to refuse. Even with these laws, police regularly make mistakes in exactly how they request, acquire, handle, and test breath and blood samples.
| It’s not illegal to have a BAC of .08 or higher at the time of the test; it’s only illegal while driving. |
Possible defenses for blood alcohol tests
A skilled DWI defense attorney knows to view blood alcohol tests with a critical eye. These tests come with significant delays and variables that can spoil evidence. For instance, the following situations or mistakes can lead to a false positive breath test:
- The machine was not maintained or calibrated properly
- Poorly trained law enforcement officer
- Residual mouth alcohol
- Cough drops
- Gum
- Diabetes (acetone in mouth)
Improper handling or storage
Blood tests are usually the most accurate of the three blood alcohol tests, but mistakes can – and often are – made by police officers, lab techs, or anyone else involved in the process of storing, transporting, and administering the test.
Blood samples that aren’t stored properly or that sit around for a long time can coagulate or decompose, both of which can lead to a false high reading.
Timing of the test
In other cases, your BAC test defense attorney may argue that while your BAC was high at the time of testing, it was below the legal limit when you were driving. This is known as the “rising-blood-alcohol defense.”
Metabolites
Metabolites of alcohol or drugs can skew the results of a blood or urine sample, leading to a false high reading.
A metabolite is a substance made by the body as it breaks down food, chemicals, or drugs. When one smokes marijuana, for instance, the body breaks down the substance into dozens of metabolites, one of which is 11-hydroxy-▵9-tetrahydrocannabinol.
This metabolite can show up on blood tests for days or even weeks after ingestion, meaning last week’s smoke session could lead to this week’s arrest.
You cannot be convicted of DWI if you were not intoxicated when you were driving. If your attorney can prove that your blood alcohol test was skewed by past ingestion of drugs, they may be able to have your charge dropped or reduced.
Refusing the BAC test
You need to understand that you have the right to refuse a test. You also have the right to request additional testing.
Don’t just accept the breath test results. They can be challenged on numerous grounds which we talk more about below. If you refuse a chemical test, normally breath or blood, you may face a one-year revocation of your license. In many instances, it is still best to refuse a test. Refusals can be challenged as well.
If you are charged with a BAC or DWI in St. Louis County, St. Charles County, or Jefferson County on a first offense it is almost always better to refuse a test. We are normally able to work out an agreement to remove the refusal from your record.
Cost of hiring a BAC lawyer
Each St. Louis DWI lawyer sets their rates for defending you; if your case is complex, you may pay more than for a straightforward situation. Although you may hesitate about hiring a lawyer for a misdemeanor DWI case, consider the cost of not hiring a lawyer:
- You are unlikely to negotiate a better plea arrangement with a prosecutor
- You will have a DWI charge on your permanent record
- You will likely have the full sentence for your DWI assessed
- You may not have access to resources to cast doubt on the validity of a breath test or filed sobriety test administered
All of these are the benefits of hiring a lawyer from JCS Law. We know how to spot weaknesses in the prosecution’s case, we independently gather evidence and question witnesses, and, as skilled negotiators, we may be able to get a much better deal for you, one that could keep a DWI charge off your permanent record.
Why hire JCS Law?
JCS Law has achieved successful outcomes for thousands of Missourians. In many cases are charges reduced or dropped altogether.
Our firm leader, John Schleiffarth, has been recognized many times for his skills in the field of DWI defense. He has also received other professional accolades, including:
- Super Lawyers: Rising Star 2015-2020
- St. Louis Magazine: Finalist for “Lawyer Of The Year” 2017
- AVVO Rating 10.0
- Member of the National College for DUI Defense (NCDD) and graduate of the summer program at Harvard University.
We believe that with our help, you can put your DWI mistake behind you and go on to enjoy your freedom and preserve your reputation.
How we can help
JCS Law has the experience and specific knowledge in its defense arsenal to:
- Review evidence and reports
- Investigate evidence and the police who seized/tested it
- Fight breath, blood, and urine samples in drug and alcohol intoxication cases
Were you properly under arrest before you were requested to blow? Did law enforcement follow the proper chain of custody procedure while handling your blood samples? How long did it take from the time your urine test was supplied until its testing and/or refrigeration? These are just a few very important questions that could highly affect your case.
Let our BAC tests attorneys help
Just because the police have accused you of a crime doesn’t mean you’re guilty of it. And just because a test said you were intoxicated doesn’t mean it’s true.
If you were arrested for DWI, don’t let anyone convince you that you’re out of options. You have the right to meet with an attorney, and the skilled lawyers with JCS Law can work to have your charge dropped or reduced. Call us at (314) 561-9690 today
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