Kansas City Criminal Defense Lawyers
Defenses for DUI

Defenses for DUI

There are various types of DUI defenses that an experienced criminal defense attorney can use to ensure the most favorable outcome in your 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 law enforcement – 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 an inkling 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. Furthermore, law enforcement must make sure that blood samples are not tampered with.
  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 be mistaken for signs of intoxication, and can even affect pre-arrest breathalyzer testing. For instance, allergies can result in watery eyes and sinus issues. Those diagnosed with ketosis can typically produce breath that smells like alcohol, 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.

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