Missouri breathalyzer results may not be considered valid
A change made to Missouri's breathalyzer guidelines has called into question the validity of some test results.
March 25, 2014
Missouri breathalyzer results may not be considered validArticle provided by Featherston Law Firm
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When law enforcement officers use breathalyzer tests to determine whether a motorist is driving under the influence of alcohol, they are required to first test the breathalyzer to ensure it produces accurate results.
The guidelines for testing breathalyzers in Missouri are established by the Missouri Department of Health and Senior Services. In late November 2012, the regulations governing the testing of breathalyzers were altered slightly -- one word was changed. That small modification is now calling into question the validity of the results of such tests during a 14-month period in Missouri.
During the period from late November 2012 to late January 2014, the Missouri Department of Health and Senior Services' guidelines required police officers to test breathalyzers at three blood alcohol levels:
-0.10 percent
-0.08 percent
-0.04 percent
Previously, law enforcement officers were only required to test at one of those three levels. In late November 2012, the guidelines were changed from using the word "or" to the word "and," leading many to believe that officers were then obligated to test at all three levels.
Nevertheless, many police officers continued testing breathalyzers at only one of the blood alcohol levels. Consequently, successful arguments have now been made to disregard the results from breathalyzer tests that were performed without first checking the equipment at all three blood alcohol levels.
Fight drunk driving charges in Missouri
Those facing drunk driving charges in Missouri would be wise to be aware of the possible penalties involved in such cases.
Upon a first conviction for driving while intoxicated in Missouri, the motorist's license is suspended for 90 days. During the last 60 days of the suspension, an individual may request a Restricted Driving Privilege. Under Missouri law, the first conviction for driving while intoxicated is considered a class B misdemeanor.
When an individual is facing a second DWIconviction, his or her license will generally be revoked for one year. If the second incident occurred within five years of the first, he or she may also face a five-year license denial.
Those facing three or more drunk driving convictions in Missouri may face a 10-year license denial.
If you are facing drunk driving charges in Missouri, you should take action to protect your rights, as the penalties following a conviction can be severe. Consider seeking the counsel of a skilled criminal defense attorney to ensure a strong defense is mounted on your behalf.