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Missouri DWI Blood Testing

Guilfoil Law Group July 8, 2022

If you’ve been pulled over for a DWI in Missouri, it’s natural to feel frustrated—or even overwhelmed. A law enforcement officer may have pulled your car over on suspicions of impaired driving and requested that you submit to DWI blood tests. However, many Missouri drivers are ignorant of their rights when it comes to DWI blood tests. A person facing DWI charges could easily end up in the worst possible situation without experienced guidance or representation.

At Guilfoil Law Group, I am dedicated to offering comprehensive legal guidance and aggressive representation to clients in their DWI cases. As a Missouri criminal defense attorney, I can investigate the facts surrounding your case, enlighten you about the DWI blood testing process, and help strategize your defense in pursuit of the best possible outcome. I’m proud to serve clients across Kansas City, Clay County, Jackson County, Platte County, or anywhere in Missouri.

Understanding Blood Testing

A blood alcohol test is one of the chemical tests that is often performed to measure the level of alcohol in a person's blood or body—blood alcohol concentration (BAC). In a DWI blood test, a sample from the accused driver's blood is taken and sent to the Toxicology Section of the lab for chemical analysis. Here, the concentration of ethyl alcohol within the blood sample will be measured. 

For the most part, blood tests are accurate and reliable. However, the blood test must be performed by a medical professional or someone with a valid permit issued by state authorities. Also, all techniques, devices, methods, and equipment used to administer the blood test must be approved by the Missouri Department of Health and Senior Services.

Your Right to Refuse a Blood Test

In the state of Missouri, a driver may be facing DWI charges for having:

  • A BAC level of 0.08% or more (adults), or

  • A BAC level of at least 0.02% (persons under 21 years)

Blood alcohol tests are mandatory under Missouri law. Refusal to complete a lawful blood test is a violation of Missouri implied consent laws. This may result in certain consequences, including a one-year license revocation.

Challenging a Blood Test

When facing DWI charges in Missouri, your attorney may be able to challenge the blood test in your case using any of the following legal defenses:

  • The blood sample wasn't stored properly

  • There were gaps in the chain of blood testing procedures

  • The blood samples were contaminated during testing

  • The blood testing wasn't administered by qualified or trained medical personnel

  • The arresting officer failed to follow due diligence

  • The driver was intimidated into taking the blood test

A skilled DUI/DWI defense attorney can determine the best defenses to fight your drunk driving charges and improve your chances of achieving the most favorable outcome in your situation.

Get Reliable Representation Today  

Navigating the criminal justice system or defending your drunk driving allegations without experienced representation is never advisable. When facing DWI charges in Missouri, understanding your rights concerning DWI blood tests and the possible consequences of a refusal is crucial. An experienced criminal defense attorney can help protect your legal rights and determine a path forward.

At Guilfoil Law Group, I am prepared to represent and defend individuals wrongfully accused of driving while intoxicated. As your legal counsel, I can evaluate and investigate every aspect of your case and determine whether the police officer had probable cause to pull your vehicle over or arrest you. Additionally, I will investigate the DWI blood testing procedures and identify potential issues.

Contact Guilfoil Law Group today to schedule a simple case assessment with a reliable DUI/DWI defense attorney. I proudly serve clients across Kansas City, Missouri, as well as Clay County, Jackson County, Platte County, and throughout the state.