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Do you know your limit?

On behalf of Travis Noble, Attorney at Law posted in DWI on Friday, May 17, 2013.

After having a drink or two at happy hour or when you're leaving a party it can sometimes be difficult to determine exactly how much the alcohol you've consumed has affected you. You may feel completely able to drive yourself home but in the event of a traffic stop you may find yourself facing a breathalyzer test or charges of driving while intoxicated.

A recent event held in Missouri was aimed at clearing up some of that ambiguity for the state's motorists. The Columbia Police Department hosted a DWI/alcohol education event where people who had been drinking could come blow into a breathalyzer to find out what effect the alcohol they consumed had on their blood alcohol content, or BAC. In Missouri a person is presumed to be intoxicated if he or she has a BAC of 0.08 percent or higher.

Is it possible to challenge a field sobriety test? part two

On behalf of Travis Noble, Attorney at Law posted in Felony DWI on Wednesday, May 15, 2013.

In a recent post we talked about common types of field sobriety tests that you may be asked to perform if you are pulled over on suspicion of driving while intoxicated in Missouri. We mentioned that these tests, even when performed correctly, are not always completely accurate indicators of impairment.

Because some drivers choose not to submit to a breathalyzer test to measure their blood alcohol content many law enforcement officials rely on these tests to gauge whether a driver is too impaired to drive safely. However, it is important for officers to remember the law and administer tests fairly, accurately and appropriately. The National Highway Traffic Safety Administration has set guidelines for how officers may conduct field sobriety tests.

Is it possible to challenge a field sobriety test?

On behalf of Travis Noble, Attorney at Law posted in Felony DWI on Tuesday, May 7, 2013.

In Missouri refusing a breathalyzer test can come with an automatic one-year suspension of your driver's license. However, some people still opt to refuse the test and fight that suspension rather than submit to a test that may provide law enforcement officials with more evidence.

This means that police officers and prosecutors may have to rely more heavily on other evidence of impairment, such as field sobriety test results. But do you have an option if you feel that a field sobriety test was conducted unfairly or gave inaccurate results? Field sobriety tests may be relied upon as part of a criminal case but they are not foolproof. In some situations it may be possible to challenge them.

Member of popular 90s band charged with vehicular homicide

On behalf of Travis Noble, Attorney at Law posted in Vehicular Homicide on Friday, May 3, 2013.

Missouri fans of the popular 90s band 3 Doors Down were likely surprised to hear about the recent arrest of one of its members. The arrest came on the heels of a fatal accident in which the 41-year-old man was involved. As a result of his alleged role in the fatal crash, among other things he has been charged with vehicular homicide by intoxication.

The incident that prompted the charge took place late one night in another state. Authorities claim that the musician was driving a vehicle at a speed that was too fast for the area. As he did so, his car reportedly struck a pickup truck that was travelling on the same stretch of road. That contact allegedly caused the driver of the pickup to lose control of the vehicle sending it into a guardrail and then an embankment. The vehicle rolled as it went into the embankment, in the process throwing an occupant from the pickup.

DWI suspect led officers on chase, had suspended license

On behalf of Travis Noble, Attorney at Law posted in Driver's License Suspension & Revocation on Thursday, April 25, 2013.

A Missouri man is facing charges of second-degree assault on a law enforcement officer, driving while intoxicated as a prior offender, driving without a valid driver's license, failing to yield to an emergency vehicle and failure to drive in a single lane.

A law enforcement official tried to stop the driver when he was weaving in the road but he refused to stop, leading the officer on a chase through several counties and eventually crashing his car. When stopped, he allegedly showed signs of intoxication and became contentious, fighting with the officer.

Supreme Court rules on warrantless DWI blood tests: part two

On behalf of Travis Noble, Attorney at Law posted in DWI on Saturday, April 20, 2013.

In our most recent post we reviewed a case that was recently heard and decided by the United States Supreme Court. The justices were asked to rule on whether a law enforcement official can order an unwarranted blood draw of a DWI suspect if the suspect has refused to submit to a breath test.

The defense argued that an unwarranted blood draw is a violation of the Fourth Amendment, qualifying as a "search" that requires a warrant. The Fourth Amendment exists to protect Americans from breaches of privacy by law enforcement officials. To many people, a blood draw is the most invasive form of search.

Supreme Court rules on warrantless DWI blood tests

On behalf of Travis Noble, Attorney at Law posted in DWI on Friday, April 19, 2013.

The Supreme Court this week issued a long-awaited ruling in a case surrounding unwarranted blood draws in cases of suspected DWI. We've been following this case since it was first accepted by the Supreme Court

In this case, a man from Cape Giradeau was pulled over for speeding and erratic driving. He was asked to submit to a breath test to measure his blood alcohol concentration but refused. He was arrested and, despite his protests, taken to a local hospital, where a lab technician took a blood sample.

Task force forms to increase DWI enforcement efforts

On behalf of Travis Noble, Attorney at Law posted in Sobriety Checkpoints on Thursday, April 11, 2013.

Across the state of Missouri, law enforcement agencies are forming groups to further crack down on those who break the state's laws regarding driving while intoxicated. Law enforcement officials believe that this allows them to better enforce the laws and protect motorists in the state. The state is also supporting this effort, encouraging law enforcement officials to team up across county lines.

Most recently, officers in Cape Girardeau, Sikeston, Scott City, Jackson, Scott County and Cape Girardeau County teamed up to form the Southeast Regional DWI Task Force. In addition, the task force includes the Missouri Department of Transportation Safety Office.

Diversion programs for DWI charges: part two

On behalf of Travis Noble, Attorney at Law posted in DWI on Saturday, April 6, 2013.

In our last post we introduced DWI diversion programs, which provide a flexible option for those defending charges of impaired driving. In recent years, courts, prosecutors and the public have started to see that filling the state's prisons with DWI offenders and cycling them repeatedly through the court system can be a waste of state resources.

Diversion programs allow offenders to complete a set of requirements, ranging from alcohol treatment classes to community service, in order to have their charge dropped. This focuses on rehabilitation rather than punishment, giving the offender the tools not to repeat his or her mistake.

Diversion programs for DWI charges: part one

On behalf of Travis Noble, Attorney at Law posted in DWI on Friday, April 5, 2013.

In the past we've written about some alternative options for those facing charges of driving while intoxicated. Some examples include DWI courts, which have been extremely successful in Missouri, as well as rehabilitation programs that focus on helping defendants recover and rehabilitate rather than punishing them harshly and packing the state's prisons.

There is another kind of program that may be available to defendants in DWI cases in some jurisdictions. DWI diversion programs allow offenders to complete a required set of actions, which may include things like traffic school, alcohol treatment or community service, that can result in having the DWI charge dismissed.

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