While the public consensus is that positive breathalyzer test results are a slam dunk in a DWI case, this is often not true. Many things, like when a person last ate or what medical conditions they have, can affect a person’s breathalyzer results. Here’s what you need to know about inaccurate BAC tests and how to fight them.

The Level of Alcohol In Your Mouth Was High 

A breathalyzer test isn’t sophisticated enough to detect the difference between alcohol in an individual’s bloodstream and alcohol that’s just in their mouth. For example, if you use mouthwash with alcohol before work and are pulled over on your morning commute, you could test positive for drinking and driving simply because of the alcohol residue in your mouth.

You Take Medicine for GERD 

Many people suffer from occasional heartburn after eating a spicy meal or coincidentally, drinking alcohol. However, heartburn can progress to a serious condition called Gastroesophageal Reflux Disease, or GERD, where the upper esophageal sphincter is too weak to keep the contents of the stomach inside the stomach. This means that stomach acid, food, and beverages can leak or rush back up into the esophagus, creating a painful burning sensation. In some cases, GERD can cause chest pain bad enough to convince someone they need to be seen in the emergency room for a potential heart attack. 

If you have GERD and were charged with drunk driving, your lawyer can help you obtain copies of the medical records you need to show that you have a condition that impacts the accuracy of any breathalyzer test performed on you at any time. 

The Breathalyzer Equipment Was Faulty  

Part of a police officer’s job is to keep their equipment in proper working condition at all times. This includes a breathalyzer test, which must be calibrated regularly to maintain accuracy. If an officer does not do this, their breathalyzer may not produce accurate results for any DWI stop. Therefore, the test results may not be held against the defendants in a court of law.

Defend Against a DWI Charge with the Help of a Seasoned St. Louis Drunk Criminal Lawyer  

If you’ve been charged with drunk driving without being intoxicated when you were stopped by police, this can leave you feeling scared and bewildered. Experienced criminal attorney Karie Pennington at KP Defense can help you protect your rights under the law. Call now for your initial consultation to discuss your case at 314.681.9000.

Not all crimes are considered equal in the eyes of the law. Crimes that do more harm to others tend to carry harsher penalties than crimes that do less harm to others or that don’t involve people. 

For example, a non-violent property crime will generally carry a less severe punishment than aggravated assault. For some severe crimes, a mandatory minimum sentence will be imposed. Here’s what you should know if you’ve been charged with a criminal offense.

What Is a Mandatory Minimum Sentence? 

There are two primary processes of the criminal justice system: the process of determining a defendant’s guilt and the process of determining their punishment. During the latter, a judge takes usually takes multiple factors into consideration before issuing a sentence that can include jail time, fines, counseling, and other penalties or forms of rehabilitation. 

If a judge believes a defendant will respond favorably to drug and alcohol counseling, they may reduce jail time or fines. In the case of crimes that carry a mandatory minimum, however, a judge is not able to do this. They must issue at least the predetermined sentence but can impose a harsher one if the evidence justifies doing so.

What Crimes in Missouri Carry a Mandatory Minimum Sentence? 

Criminal justice reform bills are currently making their way through the Senate at the time of this blog, with the goal of imposing harsher sentences and mandatory minimums for some crimes. Senate Bill 600 aims to remove the possibility of probation for defendants convicted of second-degree murder and felonies committed with a deadly weapon. Senate Bill 601 aims to increase the minimum sentence from three years incarceration to five years for armed criminal offenses. 

How to Avoid a Mandatory Minimum 

One of the most effective ways to avoid a mandatory minimum sentence is to accept a plea deal. Your attorney negotiates a lesser charge with the prosecution in exchange for your promise to plead guilty at trial. If the lesser charge does not have a mandatory minimum sentence, then your lawyer can negotiate a lighter sentence during the second part of the criminal case.

Contact St. Louis Criminal Defense Attorney Karie Pennington Today 

If you’ve been charged with a crime, whether it carries a mandatory minimum sentence or not, your rights and future are on the line. It’s important that you secure quality legal representation as soon as possible. Contact Karie Pennington today for a consultation to discuss the details of your case and begin developing solid defense strategies at 314.681.9000.