Facing a DWI charge can be daunting. With the potential for significant fines, penalties and even jail time on the line, it’s imperative that you not only understand the charges against you but also build the most robust defense possible. I’m Attorney Scott A. Hamblin, and my mission is to navigate you through this challenging time. Common tests used in DWI charges, such as field sobriety, blood and breathalyzer tests, can sometimes yield inaccurate results. Recognizing these inaccuracies can be crucial to your defense. Let me guide you through how these tests work and how their results can sometimes work in your favor.
When law enforcement suspects a driver of operating a vehicle under the influence, various tests are utilized to determine the driver’s Blood Alcohol Content (BAC). The legal threshold for a DUI charge in Missouri is a BAC of .08 percent. However, it’s critical to understand that while these tests aim for accuracy, they are not infallible.
In the early stages of a traffic stop, officers may use portable breath testing devices to estimate a driver’s BAC. These handheld devices provide immediate results but are known for their lack of reliability compared to more sophisticated equipment found in police stations. It’s important to note that results from these preliminary tests are often not admissible in court. They serve primarily as a guideline for officers to decide whether further testing is warranted.
Following an arrest for a DWI violation, you’re likely to undergo more rigorous testing. This could involve blood or other chemical tests, which are considered more accurate and whose results are typically admissible in court proceedings. Some states employ cutting-edge technology for these tests, and refusing them can lead to severe consequences, such as license suspension. Additionally, techniques like retrograde extrapolation may be used to estimate your BAC at the time of the stop rather than hours later, providing a more accurate depiction of your state during the incident.
For breathalyzer tests conducted at a police station, the process involves collecting a breath sample that the machine analyzes to print out a BAC result. It’s your right to view these results immediately. However, if the device wasn’t operated by someone properly trained or if there were any procedural errors, the results might be deemed inadmissible in court. Ensuring that all procedures are correctly followed is paramount for the integrity of these tests.
If you find yourself facing DWI charges, it might seem like an uphill battle. However, with the right legal representation, it’s possible to challenge many aspects of your arrest and the evidence against you. From questioning the accuracy of the tests used to scrutinize the arresting officer’s testimony, a skilled attorney can identify weaknesses in the prosecution’s case. My goal is not just to defend you but to aggressively pursue every avenue to protect your rights, potentially leading to reduced penalties or even dismissal of charges.
Understanding how field, blood and breathalyzer tests work is the first step in building a solid defense against DWI charges. While these tests are designed to measure impairment accurately, they are not beyond error. As Attorney Scott A. Hamblin, I am committed to providing you with the legal skills and compassionate representation you need during this challenging time. If you’ve been pulled over for a DWI, don’t hesitate to seek professional legal support. Together, we can navigate the complexities of your case and strive for the best possible outcome.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
My husband and I hired Mr Hamblin for a criminal matter that happen to me by accident I had some issues that happen and I have never been in any trouble. However I did some research on criminal defense attorneys and Mr. Hamblin named appeared. I did some research on him and found that he use to be a prosecuting attorney. Any way making a long story short we hired Mr . Hamblin for my defense lawyer,he did not judge me for what had happened, he provided me with straight foward answers and he knew the law very well I…
Scott represented me on a matter that was small, but very important to me. Scott was professional, honest and informative every step of the way. Even though my case was a small one, I never felt any less than his most important client whenever we met or had court appearances. I am absolutely certain that I could not have achieved a better outcome unrepresented or with any other attorney.
Scott Hamblin is a no-nonsense, very knowledgeable attorney who is dedicated to helping his clients understand their options. Scott will go the extra mile for his clients to make sure they are taken care of, and informed. He is our family's "go-to" attorney and we highly recommend him.
Scott handled two cases for me and was great. Scott has great bedside manner and answered all my questions to where I could understand them. He is a class A attorney and I would recommend him to anyone.
Fabulous attorney!!
Scott did a great job handling our custody case. He fought for us every step of the way and got things done quickly. He even refunded over half of our retainer because he got the case handled quicker than expected. I would recommend him to anyone.
Scott is an extremely knowledgeable lawyer. Gives his 100% on every case.
I'm not sure where the one star review came from, but Scott is a wonderful attorney! He did such a great job, didn't rush me in my consultation and helped me win my case! Thanks again Scott!
Helped my family with a variety of issues!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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