April 19, 2016

How Many Beers Does it Take to Get to .08?

How Many Beers Can Someone Drink Before Being Over the Legal Limit? In bars and restaurants everywhere, there are many people who are asking themselves, “How many beers, whiskeys, or glasses of wine can I have before I get .08?” There has never been a simple answer to this question, but it is even more difficult now. The craft beer industry has provided amazing options for all styles of beer, but those beers also have alcohol contents that range from 4.0% all the way to 17.5%. All of a sudden one beer does not count as one beer until we […]
March 30, 2016

Do I Have to Perform Field Sobriety Tests?

  No, you are never required to perform field sobriety tests for a police officer. This is something many people do not know. I can even confess that this is something even my wife did not know until recently. No, she was not the subject of a DWI investigation, but when I was talking to her about writing this blog she was surprised by the answer. The trick here is that police do not make their request to perform field sobriety sound optional. It sounds like an order, or they just move through it as if it is something you […]
September 6, 2015

DWI Leads College Student to Barbie Lifestyle

Tara Monroe, a college student at the Texas State, has made a mockery of her driver’s license suspension after a DWI arrest by driving across campus in a Barbie Jeep. The four-wheeled “toy” vehicle reaches a maximum speed of five mph. The young woman is enjoying her “fifteen minutes of fame” and has become an Internet sensation. The student goes on to tell MySA.com, that “Riding a bike around campus sucks,” and follows, “Like really sucks.” She jokes light heartedly about her plans to take the Barbie Jeep out to celebrate her 21st birthday.   Unfortunately, for most people a […]
August 25, 2015

Not Guilty – Attempted Statutory Sodomy

Jason Korner won a hard fought trial where his client faced life in prison as a sexual predator if he had been convicted of Attempted Statutory Sodomy in the First Degree. The allegation made by the State of Missouri was that Mr. Korner’s client had taken a substantial step towards putting his penis in the mouth of a three year old girl by having his fly down and pulling the little girls head towards his crotch. The client vehemently denies these appalling allegations. Years after the initial allegation, the case finally made it to trial recently in front of Judge […]
July 15, 2015

Car Accidents – “100 Deadliest Days” for Teens – by Criminal Defense Lawyer – Jason Korner

Car accidents remain the number one cause of death for teenagers, and this is never truer than during the summer months. The coveted freedom teenagers enjoy during the summer months also leads to poor decision-making that can result in drunken teens behind the wheel. Although teens are not legally able to buy alcohol, the freedom of summer generally provides opportunities for teens to drink. Teenage drunk driving is the main reason why summer is referred to as the “100 Deadliest Days” for teens.   Summer is a time of experimentation for many teenagers, and that experimenting often includes alcohol and […]
January 3, 2014

St. Louis Cops to Push BAC Tests After DWI Arrests

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Friday, January 3, 2014. Missouri law enforcement officers have announced a new tactic to combat drunk driving in the state. Police in St. Louis say they will start using a “No Refusal Zone” technique during traffic stops this holiday season, prohibiting motorists from opting out of Breathalyzer tests. Those pulled over for DWI traffic stops will be required to submit to a blood test if they refuse to take a breath analysis at the scene. A system has already been set up to accommodate […]
December 11, 2013

Cops: Research Intimidation Prevented Breath Test Refusal

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Wednesday, December 11, 2013. First, imagine being randomly pulled over by the police even though you have not done anything wrong. Then, picture yourself being forced to provide saliva, breath and even blood samples as part of a national transportation research study. That is exactly what is happening in jurisdictions throughout Missouri and the rest of the nation, as the National Highway Traffic Safety Administration conducts a federal research study about drunk driving. At least one municipality in Texas is refusing to participate in […]
December 7, 2013

Why Refuse the Breath Test if Not Drunk?

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Saturday, December 7, 2013. The question often comes up during DWI cases that include a breath test refusal, “Why would he refuse the breath test if he was not drunk?” There are many different answers to this question. “I was always told not to blow, no matter what” is a common answer. Another common, and justified, answer is “I did not trust the breath test machine.” Occasionally this is even followed up with by the person requesting a blood test instead because he […]
June 3, 2013

Breath Test Refusal – Search Warrant Still Needed for Blood Draw

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Monday, June 3, 2013. In April the United States Supreme Court ruled that a police officer needed a search warrant to have blood drawn from a DWI suspect if the suspect refused to give a sample of his blood, usually after a breath test refusal. That was the McNeely case which seemed like a wholesale victory for everyone who cared about personal freedoms and also for those attorneys that practice drunk driving defense. However, there was language in the McNeely decision that can […]