Category: Driving Under the Influence (DUI)

When Does A DUI Become A Felony In Kentucky?…

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Standard penalties for a Kentucky DUI include the following: First offense: Class B misdemeanor, 30 – 120 days license suspension; fine of $200 to $500, incarceration of 48 hours to 30 days. Second offense: Class B misdemeanor, 12 to 18 months license suspension; fine of $350 to $500; incarceration of 7 days to 6 months. Third DUI offense: Class A misdemeanor serves 30 days to 12 months in jail, pay a fine of $500 – $1,000, plus court costs; your license may be revoked from 24 to 36 months, and you may be required to attend DUI School for one year. Fourth DUI offense:  A fourth DUI offense in Kentucky is a Class D felony and involves up to a $10,000 fine and jail time from one to five years. Driver’s license is suspended for 60 months with no hardship license.  As you can see, a DUI is a serious offense and can carry severe penalties. Knowing what to expect when you are charged with drunk driving in Kentucky can help you remain calm and speak with knowledge if you are charged.

Avoid Aggravating Circumstances

The mandatory prison term doubles if one or more aggravating circumstances are present. You also may receive longer prison sentences and harsher penalties.

The list of aggravating circumstances in Kentucky:

  • Traveling 30 miles per hour or more above the posted speed limit
  • Driving in the wrong direction on a limited-access highway
  • Causing a car accident that results in serious physical injury or death
  • Having a blood alcohol concentration of .15 or higher within two hours of driving
  • Refusal to submit to a chemical BAC test
  • Having a child in the car under the age of 12 years

Just one of the above DUI aggravating circumstances is enough to enhance the penalties for a felony DUI charge.

Could Defense Strategies Be Available In Your Case?

A DUI defense attorney would need to investigate the facts and circumstances surrounding your arrest to determine what defense strategy would give you the best chance of avoiding a DUI conviction. Attorneys want to ensure that you are treated fairly. No matter what crime you are charged with, it is important to remember that you still have rights and that you are entitled to due process. This includes ensuring that the arresting officer adhered to all applicable rules and regulations during the arrest.

Potential defenses for a felony DUI charge:

  • Police officers cannot pull you over without reasonable suspicion of a crime. If a police officer did not have reasonable suspicion, the evidence gathered by the police may be inadmissible in court.
  • A false field sobriety test. Each test must be administered according to specific standards and requirements. If the police officer deviated from the standards, the prosecution might not be able to use the results of the sobriety test in court.
  • False readings for blood tests frequently occur based on various factors. Blood draws are considered more invasive than a breathalyzer test, and police must obtain a warrant or valid consent to take a blood sample. It may be possible to challenge the results of a blood test which can lead to a dismissal of your case or a not-guilty verdict. The most common reasons for a positive blood alcohol test include improper calibration of the equipment, administering the test too soon, blood alcohol rising, health conditions and medications, or contamination of the sample.

Seek legal advice as soon as possible after a DUI arrest. Depending on the facts of your case, your DUI charges could be dismissed or reduced. Working directly with the prosecutor may not be in your best interest. The prosecutor wants a conviction, and a good lawyer understands the tactics used by the prosecution to get a conviction. They also understand how to fight DUI charges.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

How To Take the Right Approach With a DUI Defense…

Posted by Grubbs & Landry on

Driving under the influence (DUI) of drugs, alcohol or a combination of both is illegal in the state of Kentucky, as it is in all fifty states. When a driver is facing the potential consequences that come with a drunk driving offence, he or she will want to know how to avoid or alleviate as many of these consequences as possible. When you are charged with a DUI you will probably find yourself facing life altering penalties, even if it is your first offence. So, try to educate yourself on what you are up against. It is best to hire a DUI attorney and prepare a defense strategy. The first step is to understand exactly what you are facing and the penalties that could come with a DUI conviction.

How Your Life Will Be Impacted By A DUI Charge

DUI charges have the potential to have a significant impact on your life, both in the short and the long term.
  • The Impounding Of Your Vehicle 
  • Employment Prospects: A DUI charge can put your professional reputation at risk.
  • Civil Lawsuit: If someone else was injured as a result of you driving while intoxicated, you may face a civil lawsuit in addition to criminal charges. Both types of prosecuting can be emotionally and mentally challenging to deal with.
  • Car Insurance: Car insurance rates always go up after a DUI conviction. On average, the increase is 80%.  And some insurance companies will just cancel your insurance.
  • Personal Relationships: Getting a DUI charge or conviction can put strain on your close relationships, including those with your family and significant other.
  • Completion Of A Drug And Alcohol Treatment Program
  • Mental Health: One more significant way that a DUI can affect your life is something that many people don’t consider: your mental health. Criminal charges and convictions are inherently stressful. Even the experience of being arrested can bring on feelings of anxiety or panic. Additionally, surviving a drunk driving car crash can bring on post-traumatic stress disorder (PTSD).

The price for drunk driving in Kentucky is steep, and some of the specific penalties you could face if you plead guilty are severe.

What’s The Right Approach For Your DUI Defense?

You need to prepare a defense strategy uniquely suited to your case and your objectives. As soon as possible after your arrest, you will benefit from seeking an understanding of your legal options. One of the first things prosecutors focus on during a DUI case is your driving pattern. They routinely have the DUI arresting officer testify that you were driving in a manner “consistent with” someone who was under the influence of alcohol or drugs. Often, this so-called “pattern” includes allegations that you were speeding or weaving within your lane. Above all, remember to be upfront with your attorneys. You can tell them anything even if it’s not going to help you. The evidence you are holding in your head may just be able to help you, but you will not know that unless you are open and transparent with your attorney.

Contact us (859-341-2500) for a Free Consultation!

—

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.