Missouri’s Western District Court of Appeals overturned the DWI conviction of Darrell Wilson due to insufficient evidence. The prosecuting attorney’s sole evidence at trial indicated that Wilson was involved in an accident, taken to the hospital, and, only then, given a blood alcohol test. Wilson’s blood alcohol concentration (BAC) was .150. The Court overturned his conviction stating that a DWI conviction requires proof that Wilson was both driving a vehicle and intoxicated while doing so. Because proof of intoxication at the time of arrest, when remote from the operation of a vehicle, is insufficient by itself to sustain a DUI / DWI conviction, the Court was compelled to reverse the conviction.
View The Missouri Criminal Defense Law Opinion: State v. Darrell Wilson
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