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Defenses for DUI

There are a number of DUI defenses that an experienced criminal defense attorney can raise to help you get the best possible outcome in your DUI case. However, not all will apply. With more than 30 years of combined legal experience practicing in both Kansas and Missouri, our Kansas City criminal defense attorneys at Rokusek Stein Law, LLC can evaluate your case and determine all of your legal options in order to either seek a not guilty verdict, get your entire case dismissed, or get your charges reduced.

The following are the most common defenses to DUI charges:

  1. Improper stop by police – One of the most common arguments used by defense attorneys in DUI cases involves the claim that the officer lacked “reasonable suspicion” or “probable cause” to make the initial traffic stop. In other words, law enforcement authorities need to have more than just a hunch or a gut feeling that a crime is being committed or has been committed.
  2. Improper administration of a field sobriety test – If an arrest was based on an improperly administered field sobriety test (FST) or inaccurate results from an FST, it may be ruled improper.
  3. Improper administration of a chemical test (blood or breath) – If the testing procedures were not properly administered or if the authorities maintaining the testing device did not follow regulations, the results of a chemical test can be challenged. Additionally, police are required to ensure that blood samples are properly maintained after the test to avoid fermentation, contamination, or mislabeling.
  4. Rising blood alcohol concentration – There are some instances where a person’s BAC was below the legal limit while he or she was driving but actually increased between the time of the traffic stop and the administration of the breath test. This is possible when recently consumed alcohol has yet to completely absorb into the system until the time of the BAC test.
  5. Medical conditions – There are some medical conditions that sometimes create the appearance of intoxication, and can even affect roadside breathalyzer test results. For instance, allergies can result in watery eyes and sinus issues. An alcohol smell on the breath can come from a diabetic side effect known as ketosis, which involves glucose fermentation in the bloodstream, resulting in an alcohol-odor effect.

If you have been arrested for a DUI in Kansas or Missouri, schedule a free consultation with our Kansas City criminal defense attorney at Rokusek Stein Law, LLC today.


criminal defense firm

attorney rokusek is a mock trial instructor for the johnson county police academy and serves on the federal criminal justice academy (cja) panel for the district of kansas and on the federal attorney appointment list. she is also a master attorney in the earl e. o'connor american inn of court.

at rokusek law, llc, our lawyers have a reputation for offering a high-standard of professional service. this is shown by the multiple honors that we’ve been awarded over the years.

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