Eight Common Defenses in Kentucky DUI Cases

Posted on Feb 15, 2024 by Jean Louise

If you have been charged with a DUI in Kentucky, you may be feeling scared and uncertain about what to do next. The state has some of the toughest DUI laws in the country, and a conviction can result in steep fines, jail time, and a loss of your driver’s license. But don’t despair—a skilled DUI attorney may be able to help you fight the charges and avoid a conviction. Here are eight common defenses that are used in Kentucky DUI cases.

 1. Improper Stopping or Arrest

One common defense is that the police officer who stopped you did not have a valid reason to do so. In order for an officer to pull you over, they must have probable cause to believe that you have committed a traffic violation or that you are intoxicated. If the officer did not have probable cause, any evidence that is obtained as a result of the stop—such as field sobriety tests or a breathalyzer test—may be suppressed and cannot be used against you at trial.

2. Miranda Rights Violations

After you are placed under arrest, the arresting officer must read you your Miranda rights before questioning you further about the incident. These rights include the right to remain silent and the right to an attorney. If the officer questions you without reading your Miranda rights, any statements that you make may not be used as evidence against you at trial.

3. Illegal Search and Seizure

Another common defense is that the police officer conducted an illegal search and seizure when they arrested you. The police can only search your vehicle if they have a warrant or if they have probable cause to believe that there is evidence of a crime inside the vehicle. If the police conducted an illegal search, any evidence that is found as a result of that search may not be used against you at trial.

4. Lack of Probable Cause for Chemical Test

In order for an officer to require you to submit to a chemical test—such as a breathalyzer test—they must have probable cause to believe that you are intoxicated. If the officer did not have probable cause, any results from the chemical test may be suppressed and cannot be used against you at trial.

5. Faulty Chemical Test Equipment

Even if the officer had probable cause to require you to take a chemical test, the results of that test may still be suppressed if it can be shown that the testing equipment was not properly maintained or calibrated. If this is the case, any results from the chemical test may not be used as evidence against you at trial.

6 . Incorrectly Administered Field Sobriety Tests

Field sobriety tests are physical exercises that are designed to gauge whether a driver is impaired by alcohol or drugs. However, these tests are often incorrectly administered or interpreted by police officers. As a result, they are often inaccurate and should not be used as evidence against a driver in court.

7 . Medical Conditions

There are many medical conditions—such as diabetes, sleep disorders, and nerve damage—that can cause false positives on field sobriety tests or chemical tests for intoxication . If it can be shown that your impairment was caused by a medical condition rather than alcohol or drugs, then you may be able to avoid a DUI conviction .

8 . Prescription Medications

Many prescription medications can also cause false positives on field sobriety tests or chemical tests for intoxication . If it can be shown that your impairment was caused by prescription medication rather than alcohol or drugs , then you may also be able to avoid a DUI conviction.

If you have been charged with DUI , don’t give up hope—an experienced DUI attorney may still be able to help you fight the charges and avoid conviction . These are just some of the common defenses that are used in Kentucky DUI cases —for more information , contact us today .