Misdemeanor DWI charge amended to Lane Violation after raising "Alcohol Absorption Curve Analysis" Evidence before Trial.
City of Kansas City MO vs. KD: Client arrested for suspicion of DWI and blew 0.083 on the breath machine at the police station. Legal limit is 0.08%. A "breath alcohol curve analysis" was performed by local expert who offered an opinion that driver's BAC (blood alcohol content) was under 0.08% when stopped, but had risen to t0.083% some 40 minutes later when tested by law enforcement. Argument that driver's BAC was under was accepted by the prosecutor who agreed to amend the charge to a lane violation due to the evidentiary issue we presented pre-trial. Futhermore, the Missouri Department of Revenue recognized the same BAC issue and dismissed the pending suspension of the driver's license on the same grounds. Client very satisfied with the results but will have to complete a VIP (Victim Impact Panel) course as part of plea agreement. Court Costs assessed for the Lane violation and probation fees.