Defending Clients Against Charges Of Drunk Driving
In Kentucky, it is unlawful to drive a vehicle having a blood alcohol concentration (BAC) of 0.08 or more, while under the influence of alcohol, while under the influence of one or more impairing drugs, while the presence of a controlled substance is present in the driver’s blood, while under the combined influence of alcohol and drugs, having a BAC of 0.02 or more if the driver is under the age of 21. KRS §189A.010.
The charge of DUI carries both fines and possible imprisonment for a first offense. The sentence can get progressively harsher for second, third and subsequent offenses. A fourth or subsequent offense within a ten year period constitutes a Class D felony, and may carry mandatory imprisonment.
Aside from the punitive consequences, the driver may also experience mandatory revocation of his driver’s license.
Finally, the focus of any driving under the influence sentence will be on alcohol or substance abuse treatment and education programs and participation in such a program may prevent having to serve any jail sentence.
Investigation Of Drunk Driving Charges
When a person is pulled over on suspicion of drunk driving and submits to tests that come back showing a blood alcohol level of .08 or more, the evidence suggests that the person is guilty of DUI, at least on the surface.
Our attorneys go beneath the surface, asking questions and investigating all of the details. Were there grounds for the police to make the stop in the first place? How were the field sobriety tests handled? Was the breath test administered properly? Was there a blood test? Was that test performed in accordance with applicable guidelines? Answers to these questions often lead to opportunities.
Field sobriety tests are subjective. The bloodshot eyes a police officer sees as reason for search and seizure could actually be caused by allergies. The smell of alcohol could have been the result of a spilled drink, not a consumed one. When drugs are found to be the cause, cases become even more subjective. There is no .08 for drugs. Our attorney is skilled at addressing all variables to get optimal results.
It is important that you hire a skilled and experienced lawyer to defend you in a DUI case in Louisville, Jefferson County, or across Kentucky.
Call us at 502-688-5200 in the Greater Louisville area and across the state of Kentucky.
Contact Our Firm in La Grange, Kentucky.
For an initial consultation at reduced rates with a Louisville criminal law attorney, contact Pearson & Paris. We represent clients throughout Trimble, Henry, Oldham, Jefferson, Shelby, and Spencer counties in such cities as Louisville, St. Matthews, Lyndon, Prospect, Anchorage, Hurstbourne, Middletown, Jeffersontown, Shively, Crestwood, Goshen, Buckner, La Grange, Simpsonville, Shelbyville, Mt. Washington and Shepherdsville.