Lexington DUI Lawyer Near Me

Kentucky DUI Laws for 2025

Our DUI attorneys are responsible for helping you understand the charges against you. It may surprise you to learn that you can be charged with drunk driving even if you are in a non-moving vehicle as long as you are impaired and in control of the vehicle. As described under KY Rev. Stat. Ann. § 189A.010, drunk driving charges typically apply when motorists operate a motor vehicle with a blood alcohol concentration (BAC) level of 0.08% or higher. The legal limit for someone driving a commercial vehicle is 0.04%.

To be considered “under the influence,” your ability to drive safely must be impaired by alcohol or any type of controlled substance, including prescription medications. Because having a BAC of .08 or higher creates a presumption that you are impaired, you can be convicted of a DUI if you are at or near that limit if the arresting officer believes that your ability to operate a motor vehicle is negatively affected.  Your DUI attorney with Mashni Law may be able to build your defense by showing that you are not impaired and/or by questioning the validity of these test results depending on the specific circumstances of your case.

Prepare for the Harshest Criminal Penalties 

While there are more serious crimes than drunk driving, driving under the influence poses a serious risk to not only your safety but the safety of other drivers and passengers on the roadways. There have been repeated instances of drunk driving accidents involving catastrophic injuries and fatalities, which is why Kentucky takes these charges so seriously. 

Our OWI lawyers can help you understand the possible penalties you could be facing if you are convicted. Whether this is your first offense or you have multiple DUIs on your record, working with an OWI lawyer could be the best way to learn more about the state’s case against you and the extent of the consequences if you are found guilty.

Turn to a Lexington DUI Lawyer for Your First Time DUI

Do not hesitate to get an OWI attorney, even if this is your first DUI offense. The first time you are accused of drunk driving, you can be charged at the misdemeanor level. If convicted, you could be facing up to $500 in fines. But that is not all. You could also spend as much as 30 days in jail, have your license suspended for up to 120 days, and be ordered to install an ignition interlock device (IID) for a minimum of six months at your expense.

You could also be ordered to complete an alcohol or drug treatment program as part of your sentence. In some cases, there may be mandatory minimum jail time if aggravating factors are present. For instance, if any aggravating circumstances are present, such as you refuse to consent to a BAC test, were speeding, had a blood alcohol content of 0.15% or higher, or caused an injury as a result of your impairment, you could be ordered to spend a minimum of four days in the county jail of the county where you were charged.. Our OWI attorneys will do everything possible to get you released on bail.

Our Lexington DUI Lawyers Can Help With a Second DUI

Multiple DUIs within a 10-year period will count as subsequent DUIs. Our DWI lawyers can help you understand the severity of your penalties based on the number of times you have been convicted of drunk driving. 

If you are convicted of a second DUI in a 10-year span, you will face misdemeanor charges, punishable by an 18-month license suspension, up to $500 in fines, and as much as six months in jail. If aggravating factors are present, mandatory minimum jail time increases to 14 days. If you are unsure whether aggravating factors apply in your case, do not hesitate to consult your DWI lawyer for answers.

Get a DWI Attorney for a Third DUI

With a third DUI comes enhanced penalties. Our DWI attorneys will do everything possible to get your charges reduced, but the consequences of a third DUI within the last 10 years are more serious. 

You could be ordered to spend up to one year in a drug or alcohol treatment program, have your driver’s license suspended for up to three years, and spend as much as one year in jail. This is in addition to a maximum of $1,000 in fines. You may be ordered to spend a minimum of 60 days in jail if any aggravating factors are present.

Fourth DUI 

Our Lexington DUI attorneys may also be able to help you if you have been charged with a fourth DUI in the last 10 years. This would be considered a class D felony. The punishment for a conviction is a minimum of 180 days in prison if you are granted probation or as much as five years in prison. Your driver’s license could be suspended for up to 36 months, and you could be ordered to pay fines of as much as $1,000. A drug or alcohol treatment program may be included as part of your sentence as well.

Lexington DUI Attorney FAQ

Our Lexington OWI lawyers understand how overwhelming this time in your life must be. Whether you have never been arrested or have a history of criminal offenses, a drunk driving charge could adversely impact your future. Preparing to navigate the criminal justice system can be intimidating. Your Lexington OWI lawyer with Mashni Law hopes to help you feel confident by crafting the strongest possible criminal defense strategy while also managing expectations. 

For that reason, we have included a detailed FAQ below that discusses some of the most common Kentucky laws surrounding drunk driving, how the criminal justice system works, and what to expect in the aftermath of your arrest. If you have additional questions we do not cover here, do not hesitate to consult our Lexington OWI attorneys during a free case evaluation.

Does Kentucky have implied consent laws?

Yes, Kentucky has strict implied consent laws as described under KY Rev. Stat. Ann. § 189A.103. Here, licensed drivers are assumed to have given their implied consent to a chemical blood alcohol concentration (BAC) test if they are arrested for suspicion of drunk driving. These tests can come in the form of a urine, blood, or breath test. According to the statute, the arresting officer can determine which type of BAC test should be ordered and must do so within two hours of having operated or been in physical control of the motor vehicle. However, the Kentucky Supreme Court has ruled that drivers can refuse a blood test without penalty.

You might have thought that you could protect yourself by refusing to agree to a chemical blood alcohol test. However, refusing to consent could look bad for you in court. Furthermore, there are penalties. Your driver’s license could automatically be suspended until your case has been resolved. If this is your first time refusing to consent to a BAC test, expect your license to be suspended for a minimum of 30 days. However, repeated refusals could result in license suspensions for a minimum of two years. Furthermore, if you refuse to complete a test, your mandatory minimum jail sentence will be doubled if you are convicted.

Are DUIs expungeable?

Your Lexington OWI attorney may be able to help you get your misdemeanor drunk driving conviction expunged. Under KY Rev. Stat. Ann. § 431.078, there is a 10-year waiting period before you will become eligible. This means ten years must have passed since the day you completed your probation or the terms of your sentence, whichever occurs later. However, these are not the only requirements for expungement eligibility.

If you have any pending charges, including traffic violations, misdemeanors, or felonies, you will not qualify. If you have received a second DUI within ten years, you will not be eligible for expungement. You will also be disqualified from expungement if you have been convicted of a misdemeanor or felony within ten years of your first DUI. You will need to petition the court to get your criminal record expunged, as your conviction will remain on your record indefinitely otherwise.

What is the statute of limitations on DUI charges in Lexington?

There is a statute of limitations for DUI charges and other criminal offenses in Kentucky. Our Lexington DWI lawyers are responsible for determining whether your constitutional rights have been violated during the investigative process. If the prosecutor has filed DUI charges after the statute of limitations has expired, the charges against you should be dismissed. 

The severity of your DUI charges will determine the statute of limitations period. For instance, if you were facing misdemeanor DUI allegations, the district attorney would have only one year from the date of the offense to bring charges against you, according to KY Rev. Stat. Ann. § 500.050. However, if you are accused of a felony DUI, there is no statute of limitations.

Do I legally need to consent to a field sobriety test?

Law enforcement officials may lead you to believe that you are required to submit to a field sobriety test, but this is not the case. Your Lexington DWI lawyer can inform you of your rights, but there is no law that states you are required to consent to a field sobriety test. 

Unlike chemical BAC tests, you will not face any criminal penalties for refusing a field sobriety test. Field sobriety tests are not the same as blood alcohol concentration tests that are done when you are arrested for suspicion of drunk driving. Our Lexington DWI attorneys generally do not recommend agreeing to a field sobriety test. If you are unsure whether you should give your consent, do not hesitate to contact Mashni Law for legal advice and support when you need it most.

How much does it cost to hire a Lexington DWI lawyer?

The cost of hiring a traffic offenses attorney should be considered an investment. For a DUI first offense, you may not be entitled to be represented by a public defender, depending on the circumstances of your case.  While you have every right to be represented by  a public defender for a second or subsequent offense, the benefits of hiring a private criminal defense lawyer are undeniable. Not only do we have the resources to build the strongest defense strategy possible, but we can also give your case devoted attention, something a public defender may not be able to do.

There may be a retainer fee before we can start working on your case. After reviewing the specific details of your arrest and the charges against you, we will have a better idea of the appropriate retainer fee for your case. . It is our goal to help the innocent and accused get through some of the most difficult times in their lives. Let us put our trial experience to work for you so you can get home to your family sooner.

Meet With a Diligent Lexington DUI Attorney Near Me for Help Today

Being charged with drunk driving can be overwhelming. Although you might assume a DUI is not a serious offense, Kentucky state law says otherwise. There will be harsh criminal consequences if you are convicted. Do not let this become your future. Turn to a strategically aggressive Lexington DWI attorney from Mashni Law to consider every possible defense strategy or work out a plea agreement with the district attorney. 

Your DUI lawyer will closely evaluate the specific circumstances of your case to determine whether plea bargaining or presenting your defense at trial is in your best interest. When you are ready to take charge of your criminal defense strategy but are unsure of where to begin, simply fill out our confidential contact form or call our office to schedule your free case evaluation as soon as today.