Missouri Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
Control #:
US-02160BG
Format:
Word; 
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

2 attorney answers The answer to your question of whether a DWI CAN be reduced/amended to a lesser charge is yes.

This means that the maximum you face is up to 6 months in the county jail and/or a fine of up to $500.00. However, in Missouri it is extremely unlikely that you will do any jail time on your first offense even if you plea guilty. In most cases we can avoid a conviction without having to go to trial.

Does Missouri Have a Washout Period for DWI? Yes. In Missouri, the court will look into your Missouri driver record to look at any prior DWI convictions in the past five years and not more than that. This is particularly useful when determining whether a DWI case escalates to a felony case or not.

time DWI or BAC conviction results in a 90day suspension.

Ten Defense Strategies for Fighting DWI Charges in Missouri Strategy 1: An illegal traffic stop. Strategy 2: Challenge the officer's observations. Strategy 3: Challenge results of field sobriety tests. Strategy 4: Breathalyzer not maintained properly. Strategy 5: Breathalyzer test improperly administered.

For example, if the arresting officer makes a procedural mistake or there is some other irregularity in the evidence, the prosecutor may offer to reduce a DWI charge to a reckless driving charge. While a reckless driving offense carries points and a fine, it is a far better outcome than a DWI conviction.

Fortunately, the Missouri DWI expungement law allows these charges to be erased from your criminal record, giving you a fresh slate. However, you can only have your DWI expunged if you meet specific strict requirements.

Not every DWI arrest leads to a conviction. Any one of a number of factors could result in a DWI charge being dismissed or reduced to a lesser, nonalcohol driving offense.

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Missouri Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI