St. Louis DWI Attorney – Breath Test Defenses


Rising Blood Alcohol

One of the most effective defenses to a breath test result in a DWI case is the Rising Blood Alcohol defense.  Experienced DWI lawyers in Missouri know there is no time limit within which the police must give a suspect in a DWI case the breath test.  In many DWI cases the breath test is administered between one and two hours after the suspect was actually driving the vehicle.  A person is only guilty of a DWI in Missouri if that person was intoxicated while actually operating the vehicle.  A person that just finished a drink at a bar and then left to make a five minute drive home would have a much higher blood alcohol content an hour after finishing the drink than just a few minutes after finishing the drink.  It takes time for alcohol to be absorbed into a person’s blood after the drink or drinks have been consumed.  The difference in time between when a person consumes an alcohol beverage and when that alcohol is absorbed into the person’s bloodstream leads to the Rising Blood Alcohol defense.
The Rising Blood Alcohol defense in a DWI case is so effective because it means the person was not intoxicated at the time he was driving the vehicle.  This is more of a timing defense than a defense against the breath test itself.  This DWI defense does not allege a problem with the result of the breath test, but instead alleges that the breath test is not accurate as to the person’s blood alcohol content at the time he was driving.  This defense is best used when a person has quickly consumed one or even a couple of alcoholic beverages shortly before getting behind the wheel to drive.

f you or a loved one has been charged with DWI please call The Law Office of Jason A. Korner at (314) 409-2659 today. It is important to have your case reviewed by a knowledgeable lawyer who focuses on aggressive DWI defense. Jason Korner has the skills and knowledge to effectively challenge breath test results in DWI cases in the St. Louis area and throughout the State of Missouri.