Blood tests can be challenged on numerous grounds in Missouri DWI cases. There are specific methods that must be followed in extracting, storing, moving, and testing blood samples. There are personnel and lab qualifications that must be met. There are many issues surrounding blood samples that can be brought to light.
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Whether you were asked to blow in the roadside handheld gadget or into a larger more accurate machine at the police station, the truth remains that BAC breath test machines are not perfect. They have to be calibrated and they have to be properly administered by a qualified person. I will provide a few of the potential defenses that may be available to you.
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In Missouri there are two separate and distinct ways to convict a person for driving under the influence of alcohol. So, what are those two situations? How are they different? I will explain.
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It’s not by mistake that the Miranda warnings start with: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
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Erik Widmark was a Swedish researcher and a pioneer in researching ethanol (or alcohol) in the body. His work has been and remains very influential in forensic alcohol analysis.
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No — and here is why.I cannot guarantee that which I cannot control. Simple.
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How fast one is placed under the influence depends on numerous factors. Age, gender, weight, health, metabolism rate, , type and amount of alcohol, how much food and when, mood medications, tolerance, and a host of other variables affect how rapidly one goes under the influence of alcohol or ethanol..Impairment is not instant. Alcohol must reach the brain before there are any mental and ensuing physical impairments that ultimately affect operating a vehicle.
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If you took a test that resulted in a BAC reading of .08 or more (blood, breath, or urine), we must request an administrative hearing within 15 days of the date you were served notice of the suspension. This is usually served at the time of arrest, and includes a temporary license. If a hearing isn’t requested within 15 days, your driving privilege will be suspended.
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“Whole Blood”, Plasma, or Serum.In a given blood sample, the “whole blood” version of that sample will contain less water than the serum or plasma versions of that sample. Because of the difference in water content, and the solubility of alcohol in water, the tests of the more water filled serum or plasma will yield a higher BAC reading than the test of the less water filled (and red and white cell filled), “whole blood”.
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When blood is drawn for a blood alcohol concentration (BAC) test, numerous steps and specific protocols have to be followed in order to obtain a result that is reliable or scientifically sound.
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Court case and driver license hearing. When charged with DWI in Missouri, there will be two forums in which defense or representation is required. They are distinct actions, yet interrelated. I will explain.
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If you refused a test, or a second test, we must file a petition. A Petition for Review in the Circuit Court of the county in which you were arrested must be filed within 30 days of the date you were served notice of the revocation. This is usually served at the time of arrest, and includes a temporary license.
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How long is license suspension or revocation?.The length of any suspension depends on various factors such as whether there was a refusal to submit to a chemical test, the number of previous charges, etc.
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What is the Rising Blood Alcohol Defense?.You may have heard someone was acquitted in a drunk driving /DWI case because his blood alcohol was on the rise. What exactly does that mean? What does that defense entail?
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