Driving while Under the Influence (DUI) Defense

Being charged with a DUI in Kentucky can have a disastrous effect to your career, reputation, and freedom.  It’s important that you trust someone with the knowledge and experience to fight and win your DUI case.  

How can you be convicted of a DUI in Kentucky?

• Pursuant to KRS 189A.010 there are a multiple ways a person can be convicted of a DUI in Kentucky.  
  • First, the government must prove beyond a reasonable doubt that you were in operation or physical control of a motor vehicle within the state of Kentucky 
  • Second, the government must prove beyond a reasonable doubt any of the following:
    • You had an alcohol concentration of .08 or more within two (2) hours of operating or being in physical control of a motor vehicle; or 
    • You were under the influence; or 
    • You were under the influence of any other substance or combination of substances which impaired your driving ability; or
    • You had any of the following substances in your blood within two (2) hours of operating or being in physical control of a motor vehicle:
      • Any schedule I controlled substance except marijuana
      • Alprazolam
      • Amphetamine
      • Buprenorphine; 
      • Butalbital; 
      • Carisoprodol; 
      • Cocaine; 
      • Diazepam; 
      • Hydrocodone; 
      • Meprobamate; 
      • Methadone;
      • Methamphetamine; 
      • Oxycodone; 
      • Promethazine; 
      • Propoxyphene; and 
      • Zolpidem. 

What are some defenses to DUI in Kentucky?

Every case begins with a review of the evidence.  It’s important to retain experienced counsel as soon as possible because some evidence may be destroyed if not requested within a certain timeframe (ex. Jail booking surveillance footage).  

• The arresting officer’s certification to administer the intoxlyzer has expired;
• The arresting officer did not read the “implied consent” properly;
• The Commonwealth cannot prove beyond probable cause that the Defendant was in “operation or control” of the vehicle;
• The arresting officer did not have probable cause to initiate the traffic stop or make the arrest; 
• The arresting officer did not wait the required 20 minutes for observation prior to administering the intoxlyzer test; 
• The arresting officer did not perform the standardize field sobriety tests properly according to National Traffic Highway Safety Administration (NHSTA) standards

What should you expect if you are charged with a DUI in Kentucky?

If you are charged with a DUI in Kentucky, you should expect to be arrested.  In some cases, officers elect to give a criminal citation, rather than arrest, but that is the exception and not the norm.  Once charged, the arresting officer will take you to the county jail.  Once at the jail, the officer should read you the implied consent warning.  After the officer reads you the implied consent warning, the officer will begin an observation period.  During this observation period, you are not allowed to eat, drink, or belch.  The officer must give 10 minutes but not more than 15 minutes for you to contact an attorney.  The officer must make reasonable efforts to allow you to speak with an attorney.  

After the observation time has expired, the arresting officer will ask if you submit to a breath test or blood test.  This is a pivotal moment in a DUI case.  The decision on whether or not to take the test has many implications, including: license suspension, length of time in jail, and overall defense strategy.

If you submitted to a breath or blood test, the arresting officer must immediately advise you of the right to an independent blood test from a facility of your choosing.  After this phase, the arresting officer will transfer you to jail deputies who will take over in booking you into the jail.

What are the penalties for a DUI in Kentucky?

• This depends on whether it is your first offense or greater.  
• A first offense DUI carries a penalty of:
• A second offense DUI carries a penalty of:
• A third offense DUI carries a penalty of:
• A fourth or greater DUI carries a penalty of:

What makes a DUI in Kentucky “aggravated”?

1. Speeding more than thirty (30) miles per hour above the speed limit;
2. Driving the wrong way on a limited-access highway;
3. Causing an accident resulting in death or serious physical injury while driving under the influence;
4. Having a particularly high BAC of 0.15 or higher;
5. Refusing to submit to a chemical blood, breath or urine test as required by law; and
6. Driving under the influence with a passenger under the age of twelve (12) years old.

What happens if I refuse a breath test?

If you refuse a breath test in Kentucky your license will be pre-trial suspended at your first court appearance, the arraignment.  Further implications depend on the type of DUI you’re charged with.

For instance, for second or greater DUI offenses, if you refuse the breath test that is an aggravating circumstance.  This doubles mandatory jail time if convicted.