Kentucky Drunk Driving Defense Attorneys
- Bowling Green: Zachary Kafoglis:
You should consult an attorney for individual advice regarding your own situation.
- Bowling
Green: Dean Sexton: The Fourth Amendment generally protects the right
of people to be free from "unreasonable searches and seizures." In
order for a search or seizure to be reasonable under the Fourth
Amendment, it must usually be based on individualized suspicion of
wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse
that randomly stopping an automobile to apprehend unlicensed drivers
and unsafe vehicles constitutes an unreasonable seizure under the
Fourth Amendment, where the officer does not have reasonable suspicion
that a motorist has violated the law. The Court reasoned that the
State's interest in ensuring roadway safety does not justify
discretionary spot checks that intrude on the privacy of motorists.
However, the Court has since made a limited exception for DUI sobriety
checkpoints, holding that officers may perform random spot checks to
catch drunk drivers with no requirement of individualized suspicion.
- Burkesville
- Covington
- Crestwood-Juliette House:
Readers should not act upon this information without seeking
professional counsel.
- Erlanger-Frank Mungo:
For a DUI conviction in Kentucky, the penalties include a three-day incarceration, community service, and/or traffic school.
- Erlanger:
Ruey Newsom: In Kentucky there is no right to have an attorney present
prior to taking either field sobriety test or any type of blood alcohol
tests. While there is a 5th Amendment right under the Constitution
against self-incrimination, field sobriety tests and blood/alcohol
tests do not fall within the meaning of self-incrimination. These tests
have been adjudicated to be a search rather than self-incrimination.
However, when a person under arrest asks to speak to an attorney,
further questioning by the police officer is prohibited and as such all
statements made by the individual under arrest may not be used.
- Erlanger: Marcus Carey:
An experienced drunk driving defense lawyer can make the difference
between time in jail or no time, and between driving to work of calling
a cab. Does experience and reputation make a difference? Yes it does.
- Florence
- Georgetown
- John Dutra: You should consult an attorney for individual advice regarding your own situation.
- David Higdon:
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A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding. A person also commits the offense of witness tampering if he or she coerces a witness or a prospective witness in a judicial or an administrative proceeding with the intent to influence to the witness to testify falsely, to withhold his or her testimony, to absent himself or herself from the proceeding, or to discontinue or to delay the proceeding.
- Hopkinsvile-James Bruce:
You should consult an attorney for individual advice regarding your own situation.
- Jackson-Stidham, Michael:
DUI/DWI: What is it?
DUI, DWI, OUI and OUIL are all terms for driving drunk (drunk driving) at or above a certain level of alcohol. Well over a million drivers (1.5) are arrested for driving under the influence of alcohol and drugs in the United States every year. Even though all states have lowered blood alcohol levels to .08, every state has its own laws and consequences for driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating under the influence of liquor (OUIL).
In addition to drunk driving being a criminal matter (court matter and a crime) it is also an administrative matter pertaining to the drivers license (immediate, mandatory and automatic license suspension). Immediate driver license suspension laws for alcohol-impaired drivers, refers to administrative per se (APS), automatic license revocation (ARL) or on-the-spot license suspension laws. These laws are different for each state and each one has it own automatic license suspension consequences.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they`ve been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
Thirty-seven states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver`s breath and disable the ignition if the driver has been drinking. In 22 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
- Jeffersonville-Patrick
Renn: DUI as defined by the Kentucky Department of Transportation:
"DWI/DUI is an abbreviation of driving while under the influence of
intoxicants (alcohol) or of any substance or substances which impair
driving ability. Other substances can include illegal drugs,
prescription drugs, inhalants such as glue, gasoline, spray paint etc.,
and/or over the counter medications. Kentucky’s DUI law has an "Illegal
Per Se" provision. "Illegal Per Se" (On the face of or by itself) means
it is illegal to drive with a blood or breath alcohol content of 0.08
or higher. Prosecutors no longer have to prove defendants were impaired
if they are being tried for the per se clause of K.R.S. 189A.010.
Requires that test be given within 2 hours of operation of motor
vehicle for results to be admitted into evidence in per se DUI
prosecutions."
- Lebanon: Dawn Gregory:
Protect your rights!Call a professional criminal defense attorney if youve been arrested.
- Leitchfield: Alton Cannon:
After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged.
- Lexington
- Louisville
- Middlesboro:
Mike Taylor: Have you been charged with drunk driving? This is a
serious charge. A DUI conviction can bring stiff fines and possible
jail time. Your auto insurance rates can go up, and you might lose your
driver's license.
- Mt. Vernon: Clontz
& Cox: f you or a loved one has been arrested or accused of a crime
in Kentucky, whether in State or Federal Court, exercise your right to
remain silent and seek legal advice immediately.
- Nicolasville: Daniel James:
Do not settle for pleading guilty.
- Owensboro:Yewell Law:
Have you been charged with a felony or misdemeanor? If so, it is urgent
that you obtain qualified, experienced legal counsel that will work to
achieve the best possible results in your case.
- Paducah
- Paris-Michael, Roger:
DUI/DWI: What is it?
DUI, DWI, OUI and OUIL are all terms for driving drunk (drunk driving) at or above a certain level of alcohol. Well over a million drivers (1.5) are arrested for driving under the influence of alcohol and drugs in the United States every year. Even though all states have lowered blood alcohol levels to .08, every state has its own laws and consequences for driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating under the influence of liquor (OUIL).
In addition to drunk driving being a criminal matter (court matter and a crime) it is also an administrative matter pertaining to the drivers license (immediate, mandatory and automatic license suspension). Immediate driver license suspension laws for alcohol-impaired drivers, refers to administrative per se (APS), automatic license revocation (ARL) or on-the-spot license suspension laws. These laws are different for each state and each one has it own automatic license suspension consequences.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they`ve been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
Thirty-seven states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver`s breath and disable the ignition if the driver has been drinking. In 22 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.
- Salyersville William Arnett:
People sometimes feel shy about discussing legal problems and other
personal matters. In these situations, it's comforting to know the law
protects your confidential discussion with your lawyer. The law says
your lawyer must keep your secrets secret, and cannot discuss them with
anyone-including a court or government agency-unless you say otherwise.
This is the attorney-client privilege.
- Winchester-Dykeman & Rosenthal:
More than likely you, someone in your family, a friend or an acquaintance, has gotten a DUI/DWI. If this is the case please read on. Of course, if this isn't the case and you or someone you know hasn't gotten a DUI, you may still find this information interesting.
A DUI conviction can have serious implications - loss of license, loss of job, family and relationship consequences, heavy fines, higher insurance premiums and possible jail time to mention a few. No doubt, if you have been charged with a DUI you know this or you wouldn't be searching for an attorney. Wise decision.
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This may be your first DUI, a second, or more than you care to think about. In Kentucky, the penalties for DUI increase with each subsequent conviction until finally it becomes a felony. At this point you are facing time in the penitentiary (more than one year in jail).
When the arresting police officer pulled you over, you may have thought you were okay to drive, but a .08 blood alcohol reading on a breath test is all it takes for a DUI conviction in Kentucky. A few beers, a few drinks, and here you are. The problem is the majority of people have no idea how many drinks they can consume and still be "under the legal limit." In fact, no one really knows because it is different for everyone and can even change for the same person for a variety of reasons.
You might have thought as you left the restaurant or bar, home, a friends house or wherever, that you were fine, only to find yourself taking a field sobriety test or sitting in jail.
You thought you were driving normally, only to have an officer stop you for weaving on the road, a broken tail light, brake light, or not giving a turn signal. Once again, one thing leads to another and here you are. Image
You need a DUI attorney because often officers are wrong and DUI attorneys can help discover information to prove it. You may be innocent. If the proper procedures were not followed by the arresting officers, the incriminating evidence which was collected might be suppressed. In addition, field sobriety tests are not always as reliable as they are often made out to be. Maybe you had a leg injury, eye problems, medical issues, prescription medications, or other legitimate reasons for the officer to assume you were intoxicated.
- Whitley City: Marcus Vanover:
MPORTANT INFORMATION FOR ANYONE CHARGED WITH A D.U.I.: You should be
aware that a D.U.I. conviction may result in harsher penalties if you
are charged with another D.U.I. offense within five (5) years.
Additionally, D.U.I. offenses result in mandatory license suspensions,
and the length of these suspensions increase with additional offenses.
There are also harsher penalties if you are charged with operating a
motor vehicle while your license is suspended for D.U.I. If you are
charged with a D.U.I., you do have certain rights that are guaranteed
to all criminal defendants, including the right to remain silent, the
right to a trial, the right to have your guilt proven beyond a
reasonable doubt, and the right to appeal your case to a higher court
if you are convicted. There are other rights that you have if you are
charged of which you should be aware. Kentucky has recently enacted
statutes making defenses to D.U.I. cases much more difficult.
Nevertheless, defenses do exist. An attorney may know of legal defenses
of which you are not aware that may be able to assist you in the event
you are charged. I urge you to speak with an attorney to insure your
rights are protected, even if it is not this office.
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