Common Defenses Used in DUI Cases Attorney

If you are arrested and charged with a DUI in Kentucky, you face serious consequences and you need all the help you can get building a defense. A conviction on a DUI can bring suspension of your driver’s license, fines, and increased insurance payments, and you may face jail time as well. If you have previous offenses, penalties increase accordingly, and you will be saddled with a criminal record that will follow you for the rest of your life, affecting your prospects for education, job opportunities, government benefits, and your family and social relationships.

Fortunately, being arrested does not mean all is lost.  There are common defenses that skilled Kentucky DUI attorneys use to fight for your rights in order to get you the best deal possible. A good defense can mean your charges may be lowered or dismissed completely

How Kentucky DUI Laws Work

In Kentucky, the abbreviations DUI (driving under the influence) and DWI (driving while intoxicated) both refer to operating a motor vehicle while under the influence of alcohol or any substance(s) (including illegal and prescription drugs and over-the-counter medications) which impair driving ability (189A.010). You are considered impaired if you have a blood alcohol concentration (BAC) of or above 0.08 (0.02 if you are under 21).

If a police officer pulls you over, they generally use a breathalyzer to determine BAC, or they may use a blood test. To be admissible as evidence, tests must be taken within two hours of the time you stopped driving the vehicle, unless you are under the influence of combined substances.

You also may be charged with a DUI if a police officer believes you are under the influence of alcohol or another controlled substance based on observed behavior and performance in field sobriety tests. If you fail these tests by showing signs of impairment, you can be charged without a failed blood or breathalyzer test. Field sobriety tests are a series of standardized physical and cognitive assessments and include:

• Horizontal Gaze Nystagmus (HGN) Test — following an object with the eyes to detect involuntary jerking movements
• Walk-and-Turn (WAT) Test – taking nine heel-to-toe steps in a straight line, turning on one foot, and returning in the same manner
• One-Leg Stand (OLS) Test — standing on one leg with the other foot raised inches off the ground, counting aloud until told to stop.

All of the above procedures and tests must be done correctly according to accepted protocols, or the evidence that you were driving under the influence would be inadmissible. For example, if the police officer didn’t have cause to pull you over in the first place, violated your constitutional rights, didn’t observe you for evidence of impairment, or didn’t handle breathalyzer or blood tests to determine blood alcohol properly, your attorney could use these violations to defend you.

Penalties for a DWI/DUI

According to drive.ky.gov, the punishments and license suspension times you receive for a DUI depend on factors such as whether this is your first or a subsequent offense and whether there are aggravating circumstances that increase penalties. The look-back period to see if you have prior DUIs is 10 years in Kentucky.

As of July 1, 2020, the Kentucky Transportation Cabinet (KYTC) administers a static suspension time based on the type of conviction. For example:

1st Offense Within a 10-Year Period —

• 90 Days of Alcohol or Substance Abuse Program
• 6-month License Suspension
• Fine up to $500

4th Offense Within a 10-Year Period —

• One (1) Year of Alcohol or Substance Abuse Treatment
• 60-Month License Suspension
• 1-5 years in prison (felony)
• $1,000-$10,000 fine

A fourth offense within a 5-year period is classified as a Class D felony and additionally brings 120-240 days in jail.

If you refuse to submit to testing, your driver’s license will be suspended for the period of time the license would have been suspended upon conviction.

Common Defenses a DUI Lawyer May Use

When defending against a DUI arrest, the primary goal is to prevent a DUI charge from turning into a criminal conviction. To this end, your DUI attorney will examine everything that happened from the moment the police officer first pulled you over, in order to ensure police officers and prosecutors followed rules and regulations and that your rights were protected. Evidence obtained illegally cannot be used against you.

Common defenses include:

Violations of your rights: DUI checkpoints must comply with legal guidelines, and police offers cannot arrest you based on unlawful stops and protocols. This means that law enforcement can’t pull drivers over unless they have “probable cause” to suspect driving while intoxicated. Police must then follow proper protocols during the arrest and avoid illegal search and seizure of person and property. I addition there is a required two-hour testing window to which they must comply.

Evidence Challenges: Your attorney can challenge evidence based on problems with the accuracy, validity, calibration, or reliability of field sobriety tests, blood tests, or breath tests. These may not have been administered correctly; samples may not have been correctly maintained or processed; or the testing officer may not have been properly qualified. Field sobriety tests are notorious for being unreliable, and Kentucky requires that a driver be observed continuously for a minimum of 20 minutes prior to a breath test for the results to be admissible. There may be flaws the calibration of testing equipment or failure to use a new mouthpiece for each test. And there may have been flaws in a warrant, such as incorrect dates and times for observed facts, that make it excludable.

Medical Defenses: There are certain medical conditions that mimic signs of intoxication or affect breath test accuracy, so you may not have been intoxicated even if the officer thought you were. These include undiagnosed or unmanaged diabetes and blood sugar issues, keto diets, asthma and use of inhalers, and mental health issues such as anxiety and post-traumatic stress disorder.

Other Defenses: Depending on the situation, there are other defenses your attorney may use. For example, if you had pulled off the road and were sleeping it off, with the keys not in the ignition, it can be argued that you were not actually in physical control of the vehicle. Or you may have had no choice but to drive to avoid a greater harm; or someone may have slipped you a pill or you may have unknowingly consumed an intoxicating substance.

Your DUI defense attorney will meet with you to discuss how your DUI happened and determine the best way to build a solid defense, prepare you for all hearings and court appearances, and make sure you don’t say or do anything to hurt your case. Based on your individual circumstances, your attorney will negotiate with prosecutors to have your charges dismissed or lessened, and build your case and take it to court to defend you if necessary.

Get Help Building Your Defense

Whatever the circumstances of your DUI, DUI defense lawyer Dan Carman can help. As a criminal defense lawyer in Richmond, Dan speaks Spanish and represents clients throughout Kentucky who find themselves charged with a wide variety of crimes. Dan also worked as a prosecutor, so he knows the criminal system from both the defense and prosecution sides.

Our attorneys know how to gather and examine evidence such as police reports, recordings, and testing logs. We know your rights and the rules and regulations police officers must follow, as well as how to use mistakes they make to build your case. We look for weaknesses in the prosecutor’s case, utilize them to negotiate on your behalf, and prepare and take your case to trial to defend you if necessary.

Delaying can only hurt your case, so call us today at 859-685-1055 to get started building your defense.