Legal Question in DUI Law in Missouri

proving D.U.I. apposed to D.W.I

Needing help,when stopped for DWI after consuming minimal amount of alcohol as well as prescribed pain medication ''Lortab'' and best defense.Refused breathalizer.


Asked on 8/14/06, 11:35 am

2 Answers from Attorneys

Brian Leininger Leininger Law Office

Re: proving D.U.I. apposed to D.W.I

It is much more difficult for the prosecutor to prove you were driving under the influence of drugs than it is to prove a normal DWI case. Did an officer who is a Drug Recognition Expert (DRE) examine you? Do they have a blood or urine test?

You may have a good case to fight and win. You need an experienced DUI lawyer, one with experience in DWI-Drug cases. I'm in the KC metro and willing to go where your case is.

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Answered on 8/15/06, 10:22 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: proving D.U.I. apposed to D.W.I

First of all, you need to hire an attorney to represent you in this case if you have not already done so. Your attorney will interview you and then obtain a copy of any police report and all other discoverable materials possessed by the police or prosecutor. It may well be that you have a defense to the charge of DWI, or it might be best in your particular situation to negotiate a plea bargain under which you might avoid taking a conviction. You will also need representation concerning your driver's license, which will be revoked for one year based upon your refusal to submit to testing. You may or may not want to fight that revocation, or you may want to look into obtaining a limited driving privilege if you are eligible. If you are on the Eastern part of the State, you may call me for a free telephone consultation.

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Answered on 8/15/06, 11:29 pm


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