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BAC Tests: Breath Test (Breathalyzer) & Blood Test

The St. Louis DWI lawyers at Millikan Wright LLC have extensive experience with Drunk Driving cases. As former police officers and a prosecutor, our DWI lawyers understand exactly how the evidence needed to convict a driver of DWI is collected. More importantly, our DWI attorneys know exactly where and when most mistakes in collecting evidence occur.

Should I Refuse A BAC Test (Breath or Blood)?

A Missouri DWI conviction requires the State to prove the defendant was operating a motor vehicle and was intoxicated above the State legal limit at the time. Evidence collected in a DWI case can include:

  1. Police Officer Observations
  2. Defendant Statements
  3. Field Sobriety Tests
  4. Portable/Preliminary Breath Test (PBT)
  5. BAC Results

As you can see, most of the "evidence" used in a DWI case is very subjective and open to many interpretations. Only BAC results provide some form of objective evidence and even this has many potential problems. Without a test to secure BAC results, the prosecution will have a weak case against you. This weakness will be the focus of an experienced DWI lawyer to dismiss the drunk driving case.

Implied Consent

The State of Missouri has an Implied Consent law. Under Implied Consent, if a driver refuses to submit to a BAC test (usually blood or breath), the driver´s license is supposed to be revoked for 1 year. However, in many jurisdictions in the St. Louis area, an experienced DWI attorney can save a first time offender from losing his or her license in connection with a refusal case. While many police officers know this, they will use this law to scare people into submitting to the BAC test because the police know the BAC test result will be the strongestb part of their case.

Contact us online or call 314.621.0622 (877.621.0622 Toll Free) for a FREE consultation and learn how the law applies to your specific situation. As former police officers and a former prosecuting attorney, we know potential pitfalls in the investigative process. As criminal defense attorneys, we know how to afford you protection under the law. Our education and experience mak a difference.

The Missouri Criminal Defense Attorneys of Millikan Wright LLC focus serving the needs of the greater St. Louis Metropolitan area. On the Missouri side, our criminal lawyers defend people in St. Louis city, St. Louis county, Jefferson county, Franklin county, St. Charles county, and Lincoln county. On the Illinois side, our attorneys represent people hurt in Madison county, St. Clair county and Monroe county.