10 Tips To Minimizing Your Risk Of Being Convicted Of DUI/DWI in Missouri

1. When questioned for DUI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI / DWI investigation, either before or after arrest, then there won't be any statements that can be used against you in court.
2. Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises.
3. If you are older than 21, refuse to take a preliminary alcohol screening test. This on scene breath test is completely voluntary and you have the absolute right to refuse this type of breath test.
4. If given a choice of a blood or breath test after arrest (In Missouri you do not have a right to a choice, the officer determines the test choice), choose the breath test if at all possible. It is more unreliable than blood. You can be asked to take two test, either two of the same test or two different tests. You can also have a separate test taken, however you will have to have a nurse or doctor visit you in custody to take a sample of your blood.
5. If no breath test is available, choose a blood test. While you can refuse a chemical test, the Department of Revenue Driver's License Bureau (DOR-DLB) penalties are greater for refusing, a one year revocation of your license. I can not give advise in advance about whether or not to take the breath test that must be done after some fact finding.
6. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety, if possible have them tape record it.
7. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical. Cussing and general foul mouth disrespect can sink an otherwise winnable case.
8. Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior. You must think a camera is on you at all times.
9. Make a detailed list of all the events before being stopped, the stop, being taken into custody, breath-blood-urine test & up to and including being released from custody, try to reduce this to writing immediately.
10. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.

Remember, the best way to avoid a DUI or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for dui / dwi does not automatically result in a conviction or loss of your driver's license in Missouri. he above tips are designed to provide accurate and authoritative information. It is not designed to render legal opinions.