COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.

MO Supreme Court DWI Ruling May Impact Thousands

If you received a breathalyzer test from a Missouri police officer between December of 2012 and February of 2014, a new ruling out of the Missouri Supreme Court may affect you. According to the court decision, breathalyzer machines must be calibrated using no less than three testing solutions, but for 14 months the machines had only been calibrated using one. Thus, an estimated 4,000 people who received tests for DWI during this time frame may have lost their liberty over evidence that should have been dismissed.

An attorney alerted state officials and other lawyers throughout Missouri after he discovered the loophole. The case was thereafter brought before the state’s high court.

How are Breathalyzers Supposed to be Calibrated?

Breathalyzer machines, which are regulated by the Missouri Department of Health and Senior Services, must be calibrated within a period of 35 days in order to ensure that they are working properly. Furthermore, specific wording (“and” rather than “or”) within the regulations for breathalyzer maintenance have required since 2012 that the machines be calibrated with three testing solutions (.04, .08, and .10). However, according to former police officer and expert DWI witness, Travis Jones, these changes were supposedly never communicated to the officers in charge of calibrating the machines, who continued to calibrate using only one solution.

Contact a St. Louis DWI Attorney Today

When a person’s liberty is at stake, there should be no doubt when it comes to ensuring that a breathalyzer machine works. If you are a Missouri resident who was tested during this time and suffered a loss of liberty including jail time, suspension or revocation of driving privileges, loss of livelihood, or other financial losses, we encourage you to contact The Hammer Law Firm, LLC. Request a consultation with a St. Louis DWI attorney today.


Client Testimonials

  • "I could not have imagined getting through this difficult and uncertain time without the help of the Hammer Law Firm."
    - E.M
  • "You don't know how much of a blessing you are to us"
    - C.G
  • "Mark and Nicole are the best law firm partners ever."
    - C.E
  • "Mark and Nicole are the best at getting to the truth of the matter and dedicated to your clients"
    - Vicki H.
  • "Mark Hammer is a decisive, direct, and conscientious attorney. I would definitely recommend him to others."
    - Anonymous
  • "Mark Hammer is a gentleman, exudes confidence and relieves stress with his truth"
    - Anonymous

Why Trust Our St. Lous Criminal Defense LAw Firm?

  1. More than 30 years of criminal law experience.
  2. Former prosecutors who know how the
    "other side" operates.
  3. Accessibility and availability – clients can
    always reach our attorneys.
  4. Personalized, one-on-one attention.
  5. Tough negotiators and proven trial lawyers.
Get Immediate Help

Our attorneys are dedicated to working
directly with all our clients.

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.