Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI Defense Strategies: Errors of DUI Investigation »
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- In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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What if you are arrested for DUI in Missouri? »
If we talk about Missouri DUI, driving under the influence does not mean driving under the influence of alcohol but it refers to driving under the influence of drugs. Instead of DUI the DWI is used to refer to drunk driving, or driving while intoxicated, in Missouri. In regards to DWI conflictions the state of Missouri operates under a per se law. This law states that a person can be arrested by cops for DWI if he or she has blood alcohol content (BAC) tests at .08% or higher. This means that, although your driving might appear safe, but if there is enough alcohol in your system, you can be convicted of a DWI.
Procedure for DUI Arrest in Missouri
When you are stopped by the cops as a suspicion of DWI, the officer who has stopped you will ask you to submit to a BAC test. If you refuse to take this test, then this refusal of yours will be used against you in court. This will cause you to face tougher administrative penalties and a longer license suspension time. It is up to you that if you wish you can contact to an attorney before deciding whether or not to take the test. It is directed by the state law that you should be given 20 minutes to try to talk to a lawyer to discuss your choice.
Consequences of DUI Arrest in Missouri
As a result of a Missouri DWI arrest you will face two cases, one of them in the criminal courts and another is the administrative hearing. In case if you refuse to take the BAC test or if the results are .08% or higher, they will give you only 15 days to file the paperwork for the administrative driver’s license hearing. If you fail to do so, it will result in a loss of driving privileges. Due to this reason, it is necessary to have an attorney working on your case to ensure that you have your hearing ad complete your paperwork on time.
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