Springfield DUI Lawyer
The legal limit for blood-alcohol content (BAC) level in a person’s system when driving is .08. If they are tested at .08 or above, they will likely face criminal charges. It’s also likely that they will think there is no other option but to plead guilty. After all, the test doesn’t lie, right? Wrong. Sobriety tests can be wrong, and they can be illegally administered. And our Springfield DUI lawyer will help you fight for your rights .
Stacie Calhoun Bilyeu, Attorney at Law, LLC brings over 30 years of experience to the table in fighting for defendants. We’ve built a reputation for success and for the willingness and ability to make a strong case in front of a jury.
Clients come to us from all over Springfield, including Christian, Webster, and Cedar counties. Call the office today at (417) 640-2370 or reach out here online to set up a consultation.
Stacie Calhoun Bilyeu, Attorney at Law, LLC takes pride in the diligence of our research and the effectiveness of our advocacy. While past results can’t guarantee the next income, our record of success does point to the fact that we work hard, we’re prepared, and we’re responsive to our clients.
Every case is different, and the appropriate defense strategy depends on the unique circumstances with each of our clients. But these are four areas that a responsible Springfield DUI attorney will at least explore…
Was There Probable Cause?
A police officer has to have a reasonable basis—one that can be articulated in court and be considered credible by a judge or a jury—for pulling the driver over to begin with. The legal term for this is probable cause. In the state of Missouri, simply driving away from a bar is not probable cause. Anonymous tips are not probable cause. The police officer must have some other reason for believing that the driver is violating the law.
Validity of the Field Sobriety Test
The field tests drivers are put through really aren’t that easy. Even sober people can fail them at least half, and up to 2/3 of the time. Moreover, success or failure of a field sobriety test is highly subjective. If the results of this test were used as probable cause to get a blood test or a breathalyzer, then these latter tests may be illegally obtained evidence. Police dashboards have video cameras that must run during field tests, and defense counsel can gain access to the footage in the discovery process.
Accuracy of the Breathalyzer
Even if a breathalyzer test was validly administered doesn’t mean that it’s accurate. Breathalyzer machines can be off for any number of reasons. The equipment itself has to be properly calibrated, and that must be documented. The officer using the equipment must be trained. And even at that, different types of foods, medications, and health conditions can give a false positive on a breathalyzer test. This includes everything from sweets to mouthwash to acid reflux.
Accuracy of the Blood Test
A blood test has its own share of vulnerabilities. The most obvious is that alcohol is used on the swab, and if it wasn’t administered properly, that alcohol may be the reason for the .08 or higher result. Blood must also meet rigid chain-of-custody requirements to ensure it’s being properly handled. Improper handling of blood is not just a procedural error. The blood sample could be altered, and errors on storage can impact the way the blood ferments, thus impacting the results of the test.
Guiding Clients Every Step of the Way
Award-Winning Trial Lawyer
30 Years of Legal Experience