Quick Answer: No. While 0.08% is the standard for most adults, Missouri law enforces a “Zero Tolerance” Breath Alcohol Content limit of just 0.02% for drivers under the age of 21. Furthermore, even a 0.08% reading is not an automatic conviction; it is legally defined as a “rebuttable presumption,” meaning a seasoned attorney can challenge the results based on officer error, medical conditions, or machine malfunction.
Executive Summary
Zero Tolerance: Under 21 and 0.02%
For college students and teenagers in Lee’s Summit, Liberty, and across the Kansas City metro, the law is unforgiving. Missouri’s “Abuse and Lose” statutes set the Breath Alcohol Content limit at a mere 0.02% for anyone under 21.
In many cases, a single drink is enough to trigger an arrest. This isn’t just a simple city ticket; it is a move that can lead to an administrative license suspension and a criminal record that haunts a young person’s future employment and college applications. My approach focuses on Mitigation and Negotiation to prevent one mistake from defining a student’s entire life.
Why 0.08% is a “Rebuttable Presumption”
For adults over 21, the state wants you to believe that “blowing a 0.08” is the end of your legal defense. This is a common misconception. Under Missouri law, a Breath Alcohol Content of 0.08% or higher is a “rebuttable presumption” of intoxication.
As a veteran DWI / DUI defense attorney with over 45 years of experience, I know that “presumed” does not mean “proven.” We work to rebut that presumption by investigating the calibration records of the breathalyzer and the specific training of the arresting officer.
Subjective vs. Objective Evidence in Missouri
Often, an officer will arrest a driver even if their Breath Alcohol Content is under 0.08% (such as a 0.06% or 0.07%). They do this based on “subjective” evidence—their personal opinion of your performance on Field Sobriety Tests.
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The HGN (Eye) Test: Officers look for a “twitch” in the eye that can actually be caused by medication, fatigue, or inner-ear issues.
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The Walk and Turn: Uneven pavement, poor lighting, or simple nerves can make a sober person appear “impaired” to an officer looking for a reason to make an arrest.
We challenge these subjective opinions to show the court that the officer’s “feeling” does not meet the legal standard for a DWI / DUI conviction.
Subjective vs. Objective Evidence in Missouri
A DWI / DUI charge in Jackson, Clay, or Platte County is a serious threat to your future, but it is also a negotiable one. Whether we are dealing with a “Zero Tolerance” violation for a minor or a standard charge for an adult, the goal is the same: Mitigation. We fight for outcomes like a Suspended Imposition of Sentence (SIS) to ensure your record remains clear after successful completion of probation.
The Clock is Ticking on Your License
You only have 15 days from the date of your arrest to request an administrative hearing and protect your right to drive. Do not wait for your first court date to seek help.
Call 816-221-5900 (Kansas City) or 816-525-1500 (Lee’s Summit) today for a free consultation.
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