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I had an accident on my ATV on private property in Missouri. I got back to my camp and tried to kill the pain with pain tablets and alcohol. Forty-five minutes after the accident we called an abulance which took another forty minutes because we were so deep in the country. When they arrived they put pain meds through an IV in my arm and loaded me into the ambulance. Next thing I know a State Trooper said he was going to give me a field sobriety test, which even the EMT said he couldn't because I had already been givin pain killers and I addmitted to "drinking the pain away" after my accident. He then requested I give him a blood sample which I also refused, so he took my license and issued me a DWI. I was transfered to the hospital with a broken collar bone. I'm just confused as to how he can give me a DWI when he didn't even see me until almost 2 hours after the accident, I was not drinking when I wrecked and had several witnesses to prove this, who gave statements.
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Misdemeanors Attorney serving St. Louis, MO
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Missouri Traffic Pro, LLC
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You would be able to challenge this DWI based on both the officers probable cause as well as his lack of blood / breath sample. It is important to note that the officer issuing a citation does not mean that you are going to be charged the DWI. The prosecutor will be the one to file the actual charges. Depending on the officer's report, the prosecutor could choose not to issue the citation. The license revocation is also very challengable because of a lack of probable cause. You would need to file a petition for review in the court where your "refusal" occured which would require a lawyer most likely.
Answered on Jul 06th, 2015 at 1:41 PM