You can never be fully prepared for a DUI arrest. Fear and uncertainty are hard to manage on the side of the road. No one wants to face jail time, the thought of having a criminal record, driver’s license suspension, court fines, or embarrassment. However, the reality is that no matter what your circumstances, being arrested for DUI comes with consequences.
If you’ve been arrested for DUI, you probably have dozens of questions: What’s going to happen when I go to court? Will I go to jail? How much is this going to cost me? How am I supposed to get to school or work if my license is suspended? Does the machine that I blew into always provide accurate results? How is my case different if I took a blood test? Is there any video evidence available? These are just a few of the questions that may be swirling around in your mind. Talking with a Lexington, KY DUI attorney as soon as possible after you have been charged is the only way to ensure that you have the best defense and the most legal options.
However, in examining a DUI arrest, there is oftentimes more than meets the eye. From what happened when the police officer first noticed you in the vehicle to the time you were booked at the jail, you may have one or more defenses available to you. Police officers are required to follow rules and regulations, and it is important to have an attorney that understands exactly what they are supposed to do – and can catch it when they don’t. Acting quickly is the best way to protect your rights.
We understand that being charged with DUI is a serious matter. As a Lexington KY DUI attorney, I am ready to provide you with the strongest defense possible, starting with an evaluation of the circumstances surrounding the appropriateness of the traffic stop. I have helped countless people charged with driving under the influence get their lives back on track. To get started, contact our office by calling (859) 685-1055 or by filling out our online form.
Determining Intoxication in KY
Just in our state in the year 2012, more than 23,000 arrests for driving under the influence were made. Once a motorist has been stopped, law enforcement officials have a number of ways of determining whether a driver is under the influence of drugs or alcohol. The most well-known method is the Breathalyzer test. The driver is asked to breathe into a device that determines blood alcohol content (BAC). A person is legally intoxicated if their BAC is more than 0.08. Under Kentucky’s implied consent law, you provide consent to a consent of your breath or blood by operating a vehicle on Kentucky highways. However, as a practical matter, you can refuse to take such test. There are consequences of a refusal though, such as a pretrial license suspension beginning the at your arraignment, and if on a charge of DUI 2nd or greater offense, double the mandatory minimum jail time if convicted.
First Offense DUI
If you are convicted of DUI 1st offense in Kentucky, you will receive a fine ranging from $200 to $500, your license will be suspended from 30 to 120 days, and you will be referred to complete an alcohol-driver education program before you are allowed to get your license back. You will also spend up to 30 days in jail, although jail is not mandatory unless the case is considered an “aggravated” case. The penalties are stricter if there were any such aggravating factors — for example, if you were driving more than 26 miles over the posted speed, you caused an accident that resulted in serious injury, you had a BAC of 0.15 or above, or you had passengers that were under the age of 12, or (especially in DUI 2nd or greater offense cases), you refused the chemical test requested of you by the police.
Lexington, KY DUI Attorney
Whatever the situation, Lexington, KY DUI attorney Dan Carman can help. While serving in the armed forces, Dan was a Judge Advocate “JAG” (defense lawyer and prosecuting attorney) for Marine Corps and Navy personnel charged with felonies. This experience gives him distinctive insight into both sides of the legal process, which can be very advantageous to those charged with criminal offenses. He knows how the Kentucky criminal justice system operates and will work closely with you every step of the way. Based in Lexington, he represents clients throughout Kentucky who find themselves on the wrong side of the law. Let him work with you to plan the aggressive defense that you will need. Use the convenient online inquiry form or call (859) 685-1055 for a free initial consultation.