QUESTION: What should a Kansas City, Missouri DWI attorney know when defending a Kansas City, Missouri DWI charges?

ANSWER: Ask any Kansas City, Missouri DWI attorney you interview these questions:

What are the standards for each of the field sobriety test?
What field sobriety tests are standardized, and how do you know if they were properly performed?
Can you ask a Kansas City, Missouri DWI officer the right questions to show the difference between classroom field sobriety & real-world field sobriety?
Do you know the mechanics of how the breath machines work, and know the challenges to their validity?
Have you ever been inside a jail and seen how DWI suspects are processed?
Ask these questions of attorneys you interview, then contact Mr. Ryan Paulus, he can answer each and every one of these.

QUESTION: What do Kansas City, Missouri police look for when searching for a Kansas City, Missouri DWI suspects?

ANSWER: Police look for unusual operation of a motor vehicle. That may include such things as:

Driving with a blinker, but not turning
Driving with your headlights turned off at night
Driving slower than 10 miles under the speed limit
Weaving outside your lane
Hugging the fog line or center of the road
Wide radius or abrupt turns
Rapid breaking or accelerating
Speeding
Drifting between lanes or from the roadway to the shoulder
Following too closely
Stopping in a traffic lane
Stopping at a green light, or failing to move when the light turns green
Not stopping at a red light or stop sign

QUESTION: Do I have to take the Kansas City, Missouri field sobriety tests?

ANSWER: No. In fact, most skilled Kansas City, Missouri DWI lawyers recommend you do not take field sobriety tests. Field sobriety tests are subjective in that the officer's interpretation of your performance determines whether you pass or fail. Therefore, the less evidence you provide the state the better your chances of beating a Kansas City, Missouri DWI charge is.
While you cannot lose your license for refusing to take the field sobriety tests, your refusal to take the field sobriety tests may be used as evidence against you. See State of Missouri v. Myers, 940 S.W.2d 64, 65 (Mo.App.1997). Anyone refusing to submit to the field sobriety tests should consider the consequences of refusal against the benefits of not providing evidence against themselves.
Furhtermore, drunk drivers tend to think they can beat almost any field sobriety test even when experience has shown otherwise.

QUESTION: After a Kansas City, Missouri DWI officer has stopped me what signs of intoxication is he looking for?

ANSWER: The list of clues is several pages long, but Kansas City, Missouri DWI officers are not trained to look for just one thing. They are trained to look at the situation as a whole picture before making their determination. Below is a partial list of clues officers look for:

Odor of alcoholic beverages
Flushed face
Squinting of eyes to focus
Bloodshot eyes
Slurred speech
Messed up or disheveled hair or appearance
Inability to follow directions
Unwarranted aggressive language or actions towards the officer
Stumbling
Touching the car while standing
Inability to balance while standing
Disoriented - unsure of the time or place

QUESTION: Should I take the Kansas City, Missouri blood, breath, or urine chemical test?

ANSWER: There is no one answer for that question. If you refuse to take the chemical test your license will be revoked for one year if the state proves that 1) officer had probable cause to believe you were driving 2) while intoxicated, 3) you were arrested, and 4) you refused the test. See Burk v. DOR on the Missouri DWI Caselaw page of this site for more information.
However, it is usually better to not provide the state with evidence that may convict you. The factors that you must weigh are (1) Can you live without full driving privileges for one year and (2) The probability of a test result over .08.
Intoxicated persons tend to underestimate the amount of alcohol in their blood. Missouri law allows the officer to requests two chemical tests from you post arrest. Refusal of either of these tests will result in a one year driver's license suspension.

QUESTION: Do I get to decide which blood, breath, or urine test?

ANSWER: It is the officer's decision which test he wants to administer, but you can also request an independent test.

QUESTION: Which chemical test should I take for my independent test?

ANSWER: Urine tests are the least accurate, while blood analysis is the most accurate. Therefore, if you are certain you are not over .08 BAC you should probably request a blood test. If you aren't sure, or think you may test over .08, most attorneys would recommend a urinalysis as it is the easiest test to challenge.

QUESTION: Will I go to jail if I am convicted?

ANSWER: There are several factors that determine that. Most second time offenders and beyond are starting to see at least some jail time around the State of Missouri. However, the typical experience of a first time DWI does not include jail time. Your attorney should discuss this with you after he or she conducts an investigation into your case.

QUESTION: The Kansas City, Missouri DWI officer said I failed all of the field sobriety tests, how do I prove I passed?

ANSWER: A qualified Kansas City, Missouri DWI attorney should be able to effectively cross-examine a police officer in order to show improper field sobriety administration, if the tests were administered improperly.

QUESTION: How much does it cost to defend a Kansas City, Missouri DWI charge?

ANSWER: Fees vary significantly with the experience and skill of the attorney. Generally, there are two types of payments that attorney's accept - flat fee or hourly billing. Most clients of Kansas City, Missouri DWI Attorney Ryan Paulus have responded that they prefer his flat fee schedule as opposed to an hourly rate with an uncertain number of hours that will be billed.

QUESTION: After I've been arrested, how do I get out of jail?

ANSWER: Usually, you will have to post a bond. If you don't have enough money for the cash bond, a bail bondsman can get you out for a lower fee, but you do not get that money back after your case is concluded.

QUESTION: What is a raising BAC defense in a Kansas City, Missouri DWI case?

ANSWER: The law requires you to be intoxicated at the time you operated the vehicle. If you test close to the .08 BAC mark, and the officer only asked you to take one chemical test, it may be possible to argue your BAC was rising at the time of your arrest, and you were not driving with a .08 BAC at the time you operated the vehicle. This defense usually requires the hiring of an expert witness to testify on retrograde analysis of your BAC.

Within these pages you will find information about:

1. How officers identify potential Missouri DWI arrestees
   
2. Fifteen ways we defend a Missouri DWI charge
   
3. How to protect yourself if you ever are stopped for Missouri DWI
   
4. Criminal penalties of a Missouri DWI conviction
   
5. Information about Missouri DWI driver's license suspensions
   
6. Information about Missouri DWI Field Sobriety Tests
7. Information on how Missouri Courts rule on DWI law
8. Information on how Frequently ask DWI questions
9. Information on DWI law generally
10. A breif overview of Missouri DWI's
11. Our Legal Disclaimer
12. Please visit our Law Firm Website at www.pauluslawfirm.com