Missouri DUI Breath Testing
Driving under the influence (DUI) is a serious offense in Missouri, and one of the primary tools law enforcement uses to determine a driver's level of intoxication is breath testing.
Understanding how DUI breath testing works, as well as its implications, can help you better understand the charges if you ever find yourself facing such a situation.
Thankfully, our legal team at Eisenhauer Law in St. Louis, Missouri has the reliable representation you need to craft a strong defense against your charges.
DUI Laws in Missouri
Missouri has strict laws in place to deter driving under the influence. It is important to be aware of these regulations to understand the potential penalties and legal procedures you might face.
- Blood alcohol concentration (BAC) limits: The standard limit is 0.08% for drivers over 21 years old and 0.02% for drivers under 21 years old. Commercial drivers are limited to 0.04% for commercial vehicle operators.
- Implied consent law: By obtaining a Missouri driver's license, you automatically consent to submit to chemical tests (breath, blood, urine) if suspected of DUI.
- Penalties for DUI: The first offense is up to 6 months in jail, a fine of up to $500, and a 30-day license suspension. The second offense is up to 1 year in jail, a fine of up to $1,000, and a one-year license revocation. A third offense (as well as any subsequent offenses) has the potential for felony charges, with increased jail time, fines, and longer license suspension/revocation periods.
- Aggravating factors: Higher BAC levels, having a minor in the vehicle, causing injury or death, and prior DUI offenses can all lead to harsher penalties.
Understanding and adhering to these laws is crucial, as DUI convictions can have long-lasting impacts on one's life and criminal record.
How Breath Testing Works
DUI breath tests, commonly known as breathalyzers, are designed to measure the amount of alcohol in your breath to determine your blood alcohol concentration (BAC). Here's a detailed overview of how the process typically works:
Pre-Test Instructions:
- The officer will initially inquire if you have consumed any alcohol, food, or other substances that might affect the test results. This is crucial as certain foods and substances can influence the accuracy of the breathalyzer.
- You may be asked to wait for a specific period if you have consumed something recently. This waiting period ensures that any residual alcohol in the mouth does not affect the outcome of the test.
Blow into the Device:
- You will be instructed to blow into the breathalyzer using a mouthpiece. It is vital to follow the officer's instructions precisely, which typically require you to take a deep breath and blow steadily for several seconds.
- The device needs a sufficient breath sample to provide an accurate reading. Insufficient or improper breathing can lead to inaccurate results or require retesting.
Analyzer Processing:
- Once the breath sample is provided, the breathalyzer uses an internal sensor to detect the amount of alcohol vapor in the breath. This is commonly done through fuel cell technology or infrared spectroscopy.
- For fuel cell technology, the breath sample passes through a fuel cell sensor, which generates an electrical current proportional to the amount of alcohol in the breath. The stronger the current, the higher the BAC.
- Infrared spectroscopy involves passing the breath sample through a chamber exposed to infrared light. The device measures how much light is absorbed by the alcohol molecules in the breath, and this absorption is translated into a BAC reading.
Understanding how breath testing works can help demystify the process and highlight the importance of accurate testing methods in DUI cases.
Reliability of Breath Tests
While breath tests are widely used, their accuracy can be influenced by several factors:
- Calibration: Breathalyzers must be regularly calibrated and maintained to provide accurate results. Calibration ensures the device measures the correct concentration of alcohol in the breath sample. Over time, sensors can drift, leading to incorrect readings, so periodic calibration checks are crucial for maintaining reliability.
- External factors: Temperature, humidity, and even certain medical conditions can affect the test results. For example, high ambient temperatures can increase the volatility of alcohol, potentially leading to higher readings. Humidity can also impact the breath sample's moisture content, affecting the sensor's response. Medical conditions such as diabetes can cause ketones, which some tests might misinterpret as alcohol, resulting in false positives.
- Consumption factors: Alcohol in mouthwash, breath sprays, and certain medications can also skew the results. Residual alcohol from these sources can linger in the mouth and airways, leading to elevated readings. It’s important to wait for an appropriate period after using such products before taking a breath test to avoid false positives. Additionally, certain foods and beverages might contain small amounts of alcohol that can affect the test results.
Understanding these factors is crucial for interpreting breath test results accurately, ensuring they are used effectively in both medical and legal contexts.
Legal Consequences of a DUI Breath Test
The results of a DUI breath test can have significant and far-reaching legal consequences:
Immediate License Suspension
If your blood alcohol concentration (BAC) exceeds the legal limit, your driver's license may be suspended immediately, often on the spot, by law enforcement officers. This administrative suspension typically occurs before any court hearing and can last anywhere from a few months to over a year, depending on the jurisdiction and the specifics of the offense.
In some cases, you may be eligible for a conditional or restricted license, which allows limited driving privileges, such as commuting to work or attending mandatory classes. Obtaining this type of license usually requires the installation of an ignition interlock device (IID) on your vehicle.
Charges and Penalties
- Fines: DUI convictions can result in substantial fines, which can vary widely based on the severity of the offense, prior DUI history, and state laws. These fines can range from a few hundred dollars to several thousand.
- Alcohol education programs: Courts often mandate attendance in alcohol education or rehabilitation programs. These programs can span several weeks to months and aim to address alcohol dependency and promote safer driving habits.
- Community service: Many jurisdictions impose community service requirements as part of the sentencing. The number of hours required can vary but often serves as an alternative to incarceration.
- Jail time: Depending on the severity of the offense and whether it's a repeat violation, DUI convictions can potentially lead to jail time. First-time offenders may face shorter sentences or probation, while repeat offenders or those with exceptionally high BAC levels may face longer incarceration periods, potentially extending to several years.
- Criminal record: A DUI conviction often results in a permanent criminal record, which can affect future employment opportunities, professional licenses, and personal reputation.
- Increased insurance premiums: Post-conviction, drivers typically experience a significant increase in their auto insurance premiums. Some insurance companies may even choose to cancel the policy altogether, deeming the driver too high-risk.
Understanding these consequences underscores the importance of responsible driving and the serious repercussions of DUI offenses.
What To Do If You Dispute the Results
Disputing the results of a breath test can be a complex process, but there are several steps you can take to ensure a thorough examination of the situation:
1. Request a Blood Test
A blood test is often more accurate than a breath test and can provide a precise measurement of your Blood Alcohol Content (BAC). Blood tests can also detect the presence of other substances that may have influenced your BAC reading.
It’s crucial to request this test as soon as possible to ensure the results are relevant and reflective of your actual BAC at the time of the incident.
2. Consult a DUI Attorney
Consulting with an experienced criminal defense attorney can help you understand your rights and the nuances of DUI laws. An attorney can scrutinize the breath test’s validity by examining the device used, the maintenance records, and whether it was properly calibrated.
They can also investigate the protocol followed during the test to ensure it adhered to legal standards and procedural accuracy and explore possible defenses, such as medical conditions that could have affected the breath test or the presence of residual mouth alcohol.
Additionally, an attorney can guide you through the legal process, represent you in court, and negotiate on your behalf for reduced charges or alternative sentencing options.
3. Gather Evidence
Collect any evidence that can support your dispute of the breath test results. This includes eyewitness testimony, video footage, or any other relevant documentation. Be sure to keep records of your activities leading up to the incident, as this can provide context and support for your case.
4. Understand Your Rights
Familiarize yourself with the legal implications of refusing a breath test, as this can vary by jurisdiction and may carry its own set of penalties. Be aware of your right to challenge the evidence against you and to request a hearing to dispute the breath test results.
By taking these steps, you can build a robust defense and ensure that your rights are protected throughout the legal process.
Common Defenses Against DUI Charges
When facing DUI charges based on breath test results, several defenses might be applicable:
- Questioning the test's accuracy: Breath test results can be challenged on the grounds of improper calibration of the device. Breathalyzers must be regularly maintained and correctly calibrated to provide accurate readings. External interference, such as radio frequency interference or the presence of certain chemicals, can also impact the accuracy of the test. The time elapsed between the alleged offense and the administration of the test may also affect the results.
- Medical conditions: Certain medical conditions can result in false positives on a breathalyzer test. For instance, individuals with acid reflux or gastroesophageal reflux disease (GERD) may have alcohol vapors from their stomachs rise to their mouth, which can be detected by the breathalyzer and cause an inflated reading. Diabetes can also be a factor, as some diabetics produce acetone, which breathalyzers may mistake for alcohol.
- Administering errors: Administering a breathalyzer test is strictly regulated, and any deviation from the prescribed procedure can render the results invalid. This can include errors such as the officer not observing the individual for a required period before administering the test, not following proper protocol during the test, or using a device that has not been properly certified. If the officer lacks proper training or credentials, this can be grounds for challenging the results.
By thoroughly examining these potential defenses, individuals facing DUI charges can build a more robust case to dispute the allegations against them.
Strong & Reliable Legal Representation
DUI breath testing is a critical component in Missouri's efforts to combat drunk driving. However, these tests are not infallible, and understanding their limitations can be essential for your defense.
At Eisenhauer Law, we are committed to helping clients navigate DUI charges and achieve the best possible outcomes. If you are facing a DUI charge in Missouri, contact us today to discuss your case and explore your defense options.
Facing any criminal charge can be overwhelming and have life-changing consequences. If you find yourself facing possible legal issues due to being accused of a federal crime, it is essential that you understand your rights, as well as the process. Do not face this without the support of a professional, knowledgeable, and skilled federal crimes attorney. At Eisenhauer Law , we navigate the intricate world of federal sentencing guidelines daily. These guidelines play a pivotal role in shaping our clients’ futures, so understanding them is crucial. If you are in the St. Louis, Missouri, area—including St. Louis County, St. Charles County, Jefferson County, and more—get in touch with us today. We will help you understand sentencing guidelines, including what these guidelines are, how they work, and the factors considered when applying them. What Are Federal Sentencing Guidelines? Federal sentencing guidelines are a set of rules that guide the sentencing process for individuals convicted of federal crimes. They’re designed to foster consistency and fairness across all federal courts. The United States Sentencing Commission, an independent agency within the judicial branch, is responsible for establishing and periodically revising these guidelines. The commission is composed of seven members, including federal judges, a probation officer, a defense attorney, a federal prosecutor, and professionals in the fields of law enforcement and penology. They work collectively to ensure these guidelines reflect the evolving nature of our justice system. How Federal Sentencing Guidelines Work When an individual is convicted of a federal crime, the judge refers to the federal sentencing guidelines to determine the appropriate punishment. These guidelines take into account various factors, such as the severity of the offense, the defendant’s criminal history, and any aggravating or mitigating circumstances. The guidelines use a point system to calculate a recommended sentencing range. Points are assigned based on the offense level, the specific characteristics of the crime, and the defendant’s criminal history category. Once the offense level and criminal history category are determined, the judge consults the sentencing table to find the recommended sentencing range. While this range provides a guideline, the judge has the discretion to sentence within this range or depart from it based on certain factors, such as the defendant’s cooperation with law enforcement or acceptance of responsibility. Factors Considered in Federal Sentencing In determining a sentence under the federal sentencing guidelines, various factors come into play. These include: the nature and circumstances of the offense, the defendant’s role in it, their criminal history, any aggravating or mitigating factors, victim impact, restitution, the defendant’s acceptance of responsibility, and their cooperation with law enforcement. Each of these considerations helps the judge assess the appropriate punishment, tailoring it to the specific circumstances of the case. Your criminal defense attorney will help you understand the factors of your case, as well as guide you through the whole sentencing process. The Federal Sentencing Process The federal sentencing process commences once a defendant is convicted of a federal crime, either through a plea agreement or a jury verdict. Pre-Sentencing. The first step involves the pre-sentence investigation, conducted by a probation officer, to gather detailed information about the defendant and the offense. This investigation results in a Pre-Sentence Report (PSR), which includes relevant facts about the defendant’s background, the crime, and victim impact statements, along with a preliminary sentencing guideline calculation. Reviewals & Disputes. Following the completion of the PSR, both the prosecution and defense have an opportunity to review and dispute its findings. If there are disputes, the judge may hold an evidentiary hearing to resolve them. Determining the Final Sentence. Once disputes, if any, are settled, the judge, taking into consideration the federal sentencing guidelines, the PSR, and arguments from both parties, determines the final sentence. Although the judge has the discretion to depart from the sentencing guidelines, such departures must be well justified. The sentence can include imprisonment, fines, restitution, supervised release, or a combination of these. The final step is the sentencing hearing, where the judge announces the sentence. The defendant has the right to speak on their own behalf at this hearing. After sentencing, the defendant has the right to appeal the conviction or the sentence, and if an appeal is filed, the case will move to the appellate courts. The Role of a Federal Criminal Defense Attorney At Eisenhauer Law, our role as your federal criminal defense attorney is critical in navigating these guidelines and advocating for the best possible outcome for our clients. We understand these guidelines thoroughly and can effectively argue for a fair and just sentence. We analyze the specific facts of each case, assess the applicable guidelines, and identify any potential mitigating factors that may warrant a departure from the recommended sentencing range. During sentencing hearings, we present compelling evidence and arguments to persuade the judge to impose a lenient sentence. Moreover, we negotiate plea agreements with federal prosecutors, which could result in reduced charges or a more favorable sentencing recommendation. We’re there every step of the way, ensuring our clients’ rights are protected and their voices are heard. After all, at Eisenhauer Law, we believe in fighting tirelessly for those we represent. If you’re in the St. Louis, Missouri, area and in need of legal guidance, reach out to us —we are here for you.
We understand that being accused of being a felon in possession of a firearm can be an overwhelming and life-altering situation. The legal process can seem daunting, and you may feel like you're facing these charges alone. However, it's important to remember that you have rights, and with the right legal guidance, you can navigate this challenging time. Understanding Felon in Possession of a Firearm Charges Being charged as a felon in possession of a firearm is a serious offense under federal law. Essentially, this charge applies to individuals who have been previously convicted of a felony and are found to be in possession of a firearm. Despite the laws in your state, if you've been convicted of a felony, possessing a firearm is considered illegal at the federal level. Federal Laws and Consequences These charges are governed by the Gun Control Act of 1968, which prohibits individuals convicted of a felony from owning firearms. Some laws that may come into play based on your specific situation include: Federal Gun Ban Following a Conviction: Federal law makes it illegal for certain individuals, referred to as "prohibited persons," to possess firearms and ammunition. This group includes those who have been convicted of nearly all felonies and misdemeanor crimes of domestic violence. A conviction typically results in a lifetime ban. The ban applies to crimes punishable by more than one year's imprisonment, regardless of how much time a person actually spends behind bars. The ban covers nearly all felony convictions, whether the conviction occurs in state or federal court. Misdemeanor Conviction of Domestic Violence: The federal ban on firearms also applies to certain misdemeanor convictions. To fall under the ban, the misdemeanor must involve a crime of domestic violence committed by a current or former spouse or dating partner, a person who shares a child with the victim, a current or former parent or guardian of the victim, a person similarly situated to a spouse, parent, or guardian of the victim, or a person who lives or has lived with the victim as a spouse, parent, or guardian. State Gun Bans Following a Conviction: State law often overlaps with or expands on the federal ban. Even if a conviction doesn't trigger the federal ban, it could trigger a state law prohibition. Some states use a broader definition of "misdemeanor domestic violence crimes" that includes roommates or any family member. Other states apply the ban to any misdemeanor assault, battery, or stalking and not just those committed against someone in a domestic relationship. Restoration of Gun Rights: Restoration of gun rights can be a tricky area. Federal law allows for the restoration of gun possession rights if the person received a pardon, had civil rights restored, or had the conviction expunged or set aside. However, states can limit these federal restoration rights by placing restrictions in state law on the effect of an expungement, set aside, or pardon. Violation of this act can result in severe penalties, including significant fines and potentially lengthy prison sentences. The severity of these penalties often depends on the nature of the felony conviction, the individual's prior criminal history, and the specific circumstances of the firearm possession. Specifically, the consequences include: The possibility of a lifetime ban for those convicted of nearly all felonies and misdemeanor crimes of domestic violence A potential sentence of up to 15 years in federal prison and a $250,000 fine for unlawful possession of a firearm The law applies to crimes punishable by more than one year's imprisonment, regardless of how much time a person actually spends behind bars The ban covers nearly all felony convictions, whether the conviction occurs in state or federal court.` Potential Defenses Facing these charges doesn't mean you're without options. Several potential defenses could be utilized, depending on your case's specifics. These include: Challenging the legality of the search and seizure that led to the discovery of the firearm. Disputing the ownership of the firearm. Arguing that you were unaware of the firearm's presence. Asserting misidentification in a murder second-degree case. Claiming false allegations in a statutory rape and child molestation case. Asserting self-defense in an unlawful use of a weapon case. Arguing against the possibility of being passed out if using PCP in a possession case. Consequences of a Conviction A conviction can lead to far-reaching consequences beyond immediate court-imposed penalties. Some of these consequences include: Loss of certain civil rights, including the right to vote and future firearm possession. Difficulty in holding specific professional licenses due to a felony conviction. Significant impact on employment prospects due to criminal record. Housing opportunities may be limited due to background checks revealing a felony conviction. Personal relationships can be strained due to the stigma of a felony conviction. Importance of Experienced Legal Representation Having an experienced federal criminal defense attorney by your side is crucial when facing these charges. The complexities of federal law and the potential severity of the penalties demand a skilled advocate who can navigate your case intricacies. Our attorney has a proven track record in federal criminal defense matters and is dedicated to providing aggressive yet compassionate representation. Fight for Your Rights Facing felon in possession of a firearm charges requires a legal team that will stand by you and fight for your rights. At Eisenhauer Law, we're dedicated to providing exceptional representation in federal criminal defense matters. With our experienced team led by attorney Phil Eisenhauer, we possess the knowledge, skills, and resources to handle complex cases and aim for the best possible outcome. Our firm is based in St. Louis, Missouri, and we proudly serve clients throughout St. Louis County, St. Charles County, and Jefferson County. With our deep understanding of the local legal landscape and strong community relationships, we're here to stand by your side and fight for your rights. Get in touch with us today for a consultation and let us be your trusted advocate during this challenging time.
In the heart of St. Louis, Missouri, we at Eisenhauer Law understand the gravity of the opioid epidemic sweeping across our communities. We’ve seen firsthand how the lives of good people are upended by the harsh realities of addiction and the legal challenges that often follow. We empathize deeply with those caught in any related circumstances. We’re here to help you understand the ramifications of these drugs, and what to do if you ever find yourself facing drug charges. The Opioid and Fentanyl Problem in Missouri Over the past decade, Missouri has seen a steady rise in the use and abuse of opioids and fentanyl. These powerful substances have dominated headlines and dramatically altered the lives of countless Missourians. The proliferation of these drugs has led to a surge in selling, trafficking, and tragically, overdose deaths. We’ve watched as families and communities have been torn apart and we’re determined to fight back. These aren’t just statistics or faceless victims. They’re neighbors, friends, and family members. They’re part of our community, and everyone deserves protection. So it’s no wonder that jurisdictions take drug charges so seriously. Charges Against Drug Distribution Companies As the crisis deepens, the role of drug distribution companies comes under intense scrutiny. Allegations abound that these companies have contributed to the epidemic by turning a blind eye to the quantities of opiates flooding the market, and have failed to uphold their legal responsibilities. Legal charges against these entities often involve accusations of negligence, aggressive and misleading marketing tactics, and a failure to monitor and report suspicious orders of prescription painkillers—all potentially contributing factors to the widespread misuse and addiction problems we see today. Charges Against Dealers/Providers of Drugs In the eyes of the law, the selling and distribution of drugs is not merely a transaction but a catalyst for wider societal harm. The crackdown on illegal drug providers has intensified, with dealers facing severe legal consequences if caught in the distribution of opioids and fentanyl. Charges Against Doctors Doctors, too, have found themselves in the crosshairs of the law, accused of overprescribing opioids and contributing to the crisis. We understand that medical professionals can find themselves in complex situations, balancing patient care and regulatory compliance. If you’re a doctor facing such charges, know that we’re here to stand by your side, offering a robust defense informed by our deep understanding of the legal and medical landscapes. Your Rights After Being Charged With Drug-Related Offenses If you find yourself facing drug-related charges, it is crucial to be aware of your rights under the law. Here’s what you need to know: The Right to Remain Silent: You are not required to provide information to law enforcement that may incriminate you. This is your Fifth Amendment right, and it’s important to exercise it. The Right to Legal Representation: From the moment of your arrest, you have the right to consult with an attorney and to have one present during questioning and all legal proceedings. The Right to a Fair Trial: You are entitled to a fair trial by a jury of your peers. It’s our job to ensure that your case is presented with integrity and that your side of the story is heard. The Right to Be Presumed Innocent: Until proven guilty beyond a reasonable doubt, you retain the presumption of innocence. We will work tirelessly to uphold this fundamental principle. Protection From Unreasonable Searches and Seizures: Your Fourth Amendment rights safeguard you against unreasonable searches of your property or person without a warrant or probable cause. How an Attorney Can Help If you’re facing drug-related charges, an attorney is critical. We’re committed to offering a strong, understanding, and effective defense for our clients. We provide invaluable assistance in several key areas: Developing a Defense Strategy: After a thorough review of your case, we will develop a tailored defense strategy aimed at reducing or dismissing charges. Negotiating Plea Bargains: We have the negotiation skills to potentially reduce your charges and penalties through plea bargains, if that is in your best interest. Fighting for Your Rights in Court: Our lawyers will advocate for you in court, challenge evidence presented by the prosecution, and work to prevent any violations of your constitutional rights. Managing Trial Proceedings: We handle all aspects of the trial process — from selecting a fair jury to presenting your defense compellingly to ensure the best possible outcome. Offering Support and Guidance: We understand the emotional toll of criminal charges and stand by you, offering guidance and support through every step of the legal process. Why Choose Eisenhauer Law? As a law firm deeply rooted in St. Louis, we’re not just your attorneys; we’re your neighbors, your allies, your advocates. We’ve seen the impact of the opioid crisis firsthand, and we’re committed to standing up for those affected, whether they’re facing charges or seeking justice against those responsible. Don’t face these challenges alone. Reach out to us at Eisenhauer Law. Let us be your voice, your shield, and your champion in the fight against the opioid and fentanyl crisis. We’re ready to stand with you every step of the way.
With the increasing legality and acceptance of marijuana use, many individuals find it crucial to understand the laws surrounding driving under the influence of drugs (DUID), particularly marijuana. Missouri has strict regulations regarding DUIDs to ensure road safety. Understanding what happens if you get a marijuana DUID in Missouri can be vital for any resident or visitor. Understanding Marijuana DUID Laws in Missouri Driving under the influence of marijuana (DUID) is illegal in Missouri, regardless of whether you possess a medical marijuana card. The law strictly prohibits operating a motor vehicle if your driving ability is impaired by marijuana consumption. Unlike alcohol, where blood alcohol content (BAC) limits are clearly defined and measured, determining impairment due to marijuana use presents a more complex challenge. To address this complexity, law enforcement officers use a combination of methods to determine impairment: Observations: Officers look for signs of impairment, such as erratic driving behavior, the smell of marijuana, red or bloodshot eyes, and delayed reaction times. Field Sobriety Tests (FSTs): Standardized field sobriety tests are employed to gauge a driver's motor skills and cognitive functions. These tests may include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test. Chemical Tests: In some cases, blood or urine tests are conducted to detect the presence of THC. However, these tests face limitations, as THC can remain detectable in the body long after its psychoactive effects have worn off, leading to potential false positives for impairment. Possible Penalties If an officer determines that a driver is impaired by marijuana, the individual may face serious legal consequences, including: Arrest: Immediate arrest and detention. Charges: Being charged with a DUID, which could result in fines, license suspension, and even jail time. Court Proceedings: Mandatory court appearances and the potential for a criminal record. Impact on Medical Marijuana Cardholders: Having a medical marijuana card does not provide immunity from DUID charges. Cardholders must exercise caution and ensure they are not impaired when driving. Consequences of a Marijuana DUID If you are charged with a marijuana DUID in Missouri, the consequences can be severe and life-changing: First Offense: A first-time DUID offender can face fines, license suspension, and potentially jail time. Also, a conviction will go on your permanent record. Subsequent Offenses: Penalties increase with subsequent offenses, including longer jail sentences, higher fines, and extended suspension or revocation of driving privileges. Aggravating Factors: Additional penalties may apply if your impaired driving resulted in an accident, injury, or death, or if there were minors in the vehicle. Potential Defenses for Marijuana DUID Charges Facing a marijuana DUID charge does not automatically mean conviction. Several defenses can be employed: Lack of Probable Cause: The officer did not have a valid reason to stop your vehicle. Improper Field Sobriety Tests: The tests were administered incorrectly or under unsuitable conditions. Inaccurate Chemical Tests: The blood or urine tests were flawed or improperly handled. Medical Conditions: Certain medical conditions or medications could have mimicked impairment. Violation of Rights: Your constitutional rights were violated during the arrest or investigation. Insufficient Evidence: The prosecution does not have enough evidence to prove impairment beyond a reasonable doubt. Steps to Take if Charged With a Marijuana DUID If you find yourself facing a marijuana DUID charge in Missouri, it is essential to take specific steps immediately: Remain Calm and Compliant: Arguing with law enforcement officers can worsen the situation. Stay calm and comply with their requests. Seek Legal Representation: Contact an experienced criminal defense attorney as soon as possible. A knowledgeable lawyer can help you navigate the legal system and develop a robust defense strategy. Document Everything: Write down everything you remember about the traffic stop and arrest, including the officers’ names and badge numbers, the time and location, and any statements made by the officers. Why You Need an Experienced Criminal Defense Attorney Navigating the complexities of a marijuana DUID charge requires skilled legal expertise. At Eisenhauer Law , our criminal defense attorney is well-versed in Missouri’s DUID laws and dedicated to protecting your rights. We will thoroughly investigate your case, challenge potentially flawed evidence, and advocate for the best possible outcome. If you find yourself facing a marijuana DUID charge, don't face it alone. Contact our criminal defense attorney in St. Louis, Missouri, today to schedule a consultation and discuss your case.
Medicinal and recreational use of marijuana may be legal in Missouri, but cannabis remains on Schedule I of the Controlled Substances Act (CSA). Though federal drug authorities don’t interfere with legal dispensary and other authorized sales of cannabis, they are still on the lookout for those who conspire to import, manufacture, distribute, or sell controlled substances. Conspiracy means two or more individuals get together with the intent to commit any of those illegal acts. If you are convicted of a federal drug conspiracy charge, the penalties can be severe, with prison time of up to 40 years or even a life term. The mandatory minimum on the most frequently cited drug conspiracy violation carries a mandatory minimum of 10 years in prison. In short, if you are being investigated for or charged with drug conspiracy under federal statutes, the consequences can be far-reaching. If you or a loved one is facing federal drug conspiracy charges in or around St. Louis, Missouri, contact the criminal defense team at Eisenhauer Law . Our criminal defense attorney is a Missouri native who began his legal career as a public defender and thus understands the justice system and how best to serve the firm’s clients whose liberty and futures may be at stake. Reach out to us immediately when facing a federal drug conspiracy charge. Let us fight for the best possible outcome. We proudly serve clients throughout the counties of St. Louis, St. Charles, and Jefferson. What Is the Federal Drug Conspiracy Statute? Federal authorities are tasked with ensuring that controlled substances are not illegally manufactured, imported, sold, or distributed. A conspiracy charge comes into the picture when two or more individuals join together to commit any of these illegal acts. They can then be charged with 21 U.S. Code Section 846, which states: “Any person who attempts or conspires to commit any offense defined in this sub-chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Note that you don’t even have to commit the crime. All you have to do is have a joint agreement that could result in the commission of the crime, whether it be manufacturing, importing, distributing, or selling. According to the U.S. Department of Justice, the quantity of the controlled substance, or drug, being manufactured, imported, and/or distributed is a determining factor in bringing a charge: “A key fact in determining whether a single drug transaction is an isolated purchase or part of a conspiracy to distribute illegal drugs is the quantity of the drugs involved in the transaction.” Types of Conspiracy When it comes to conspiracy involving controlled substances, there are generally four categories under which people can be charged. Conspiracy means that two or more individuals agree to commit an illegal act. The four are: MANUFACTURING: If you conspire to manufacture illegal drugs—which can include growing, extracting, or processing—you can be charged with conspiracy to manufacture a controlled substance. IMPORTING: Even if you are not involved in the actual manufacture of a controlled substance, you can be charged with importing the drug if you find a way to bring the substance into the United States from an outside source. DISTRIBUTING: No money needs to be involved to be charged with the distribution of a drug, though there may indeed be cash or other transactions involved. Any method of distribution can result in a conspiracy charge if two or more individuals are involved. This includes online pharmacies that use forged prescriptions to transmit illegal drugs to a recipient. POSSESSING WITH INTENT TO DISTRIBUTE: Here is where the quantity of the drug being possessed can play a large role. If you are found with just enough of a controlled substance that would represent personal use for you and perhaps your friends, you likely would not be charged with intent to distribute. But if you and others were found to have a large amount, that could be interpreted as possession with intent to distribute. Why an Attorney’s Help Is Critical You have rights under the Constitution and the Bill of Rights against illegal searches and seizures and being forced to incriminate yourself. You also have a right to legal representation before authorities can question you. If you are being investigated on a possible federal drug conspiracy charge, remember the words of the Miranda Rights warning: “Anything you say can and will be used against you in a court of law.” In other words, don’t answer questions until you have an attorney at your side. If your rights have been violated, then your attorney could potentially use that not only to challenge the prosecutor’s case, but also to get evidence dismissed—and perhaps even the case itself. Remember also that, even if the case goes to trial and isn’t resolved in pretrial negotiations, prosecutors must prove your guilt “beyond a reasonable doubt.” That’s a high bar. Make sure you have a skilled attorney on your side who can question and challenge the evidence and testimony being brought against you. Secure a Strong Defense If you or a loved one is facing a drug conspiracy charge, the stakes are high. Lengthy prison terms can result if you’re convicted. You need to develop a strong legal defense from the very beginning, which includes not answering questions without legal representation. Contact us at Eisenhauer Law as soon as the arrest and/or investigation commences. Too much is at stake not to retain a strong criminal defense attorney. Eisenhauer Law represents clients throughout the Missouri counties of St. Louis, St. Charles, Jefferson, and the rest of the state.