Richmond KY DUI Attorney

If you are arrested and charged with a DUI in Kentucky, you face serious consequences. A conviction can bring suspension of your drivers’ license, fines, and increased insurance payments, and you may also face jail time. Penalties increase with subsequent offenses, 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. And penalties for DUI increase with subsequent offenses.

While some people may be tempted to accept the prosecutor’s first offer for a deal, this is not usually in your best interests. The skilled Richmond DUI attorneys at Dan Carman, PLLC know Kentucky prosecutors, courts and the system, and how to fight for your rights and the best deal possible. We have helped many clients get their charges lowered or dismissed completely, and we are prepared to do the same for you.

We offer a free, no-obligation consultation to discuss the circumstances of your DUI and determine the best way to handle your case, so call us today at (859) 685-1055.

Why Choose Our Richmond DUI Defense Lawyer

There are many attorneys in Kentucky, and it’s important for you to find one who knows DUI law and has the necessary skills and experience to help you get the best results possible. Here are some reasons why we feel you should choose us to represent you:

• We are experienced and bilingual. Attorney Dan Carman speaks Spanish and has years of experience representing clients accused of DUI and other crimes. Mr. Carman also worked as a prosecutor, so he knows the criminal system from both the defense and prosecution sides.
• We are recognized — Dan Carman is a member of various local and national Bar Associations has previously been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers.
• We are available 24/7 for client emergencies.
• We have many satisfied clients, and have won an award for the 10 Best attorneys in client satisfaction by the American Institute of Criminal Law Attorneys.

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, and 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 if necessary.

DUI Lawyer in Richmond Explains Kentucky Laws

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

If a police officer pulls you over, they generally use a breathalyzer to determine BAC, but they may also use a blood test. To be admissible as evidence, tests must be taken within two hours of cessation of operation or physical control of a motor 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. In this case, you can be charged without a failed blood or breathalyzer test.

Penalties for a DWI/DUI

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

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 have a Commercial Driver’s License (CDL) and are convicted, you will have your license suspended for one (1) year and must pay a $50 reinstatement fee and pass the written and vision tests before starting over with a permit, after which you must again pass all applicable skills.

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.

If you enroll in the Kentucky Ignition Interlock Program (KIIP) and receive an ignition interlock device in your vehicle, you are eligible for a reduction of the suspension period.

Richmond DUI Lawyer Knows Defenses and How to Help

When defending against a DUI arrest, everything that happened is important from the moment the police officer first noticed you in the vehicle to the time you were booked at the jail. Police officers and prosecutors are required to follow rules and regulations, and Dan Carman knows how to use their mistakes to protect your rights.  We may:

• Challenge unlawful stops and protocols. Law enforcement can’t pull drivers over unless they have reasonable suspicion that they are driving while intoxicated. They must follow proper protocols during the arrest and avoid illegal searches and seizures. DUI checkpoints must comply with legal guidelines as far as location selection and proper procedures.
• Challenge evidence by questioning the accuracy, validity, calibration, or reliability of field sobriety tests, blood tests, or breath tests and how they were administered or processed. We may challenge the two-hour testing window, if this was not observed.
• Claim that you had no choice but to drive to avoid a greater harm, that you unknowingly consumed an intoxicating substance, or that certain medical conditions mimicked signs of intoxication.

When you have Dan Carman on your side, we will start working for you immediately, before evidence can be lost. We will:

• Meet with you to discuss how your DUI happened and determine the best way to build a solid defense. It is important to prepare you for all hearings and court appearances and make sure you don’t say or do anything that would hurt your case.
• Examine the actions of the law enforcement officials to determine if the laws pertaining to DUI arrests were fully met, tests were done correctly, or whether mistakes were made or your rights were violated.
• Negotiate with prosecutors to find ways to have your charges dismissed or lessened.
• Build your case and take it to court to defend you if necessary.

Get Help from Richmond DUI Lawyer Dan Carman

Whatever the circumstances of your arrest, Richmond DUI lawyer Dan Carman can help. As a criminal defense lawyer in Richmond, Dan represents clients throughout Kentucky who find themselves charged with a wide variety of crimes. We understand that this is a difficult time for you and your loved ones and will work with you to ensure you get the best defense possible.

Your future is too important to risk, so don’t go it alone. Call us today for a free initial consultation about your Kentucky DUI.

GET HELP NOW 859-685-1055