Here you can find some important highlights on DUI or DWI charges in Louisville. The information here is meant only as a guide and should not take the place of a attorney consultation.
Can you plead to a lesser offense than DUI in Kentucky?
A defendant might receive a “wet reckless,” or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Kentucky, but it’s possible a lawyer may be able to create a plea bargain for you.
If I get pulled over for DUI, what are the police looking for?
Police stop civilian vehicles on suspicion that they may have committed a crime. Their first agenda is to find evidence to support charging that individual. Naturally, the police have the right to ask questions during a Louisville DUI stop, and they have the right to expect a courteous response. But be careful! What you think of as harmless questions help the police to gather evidence against you. It is better not to answer until you have a great DUI attorney by your side. You do not need to answer any questions without a lawyer; you have the right to remain silent. You have a right to avoid incriminating yourself. For example, you are not required to take a breathalyzer test on the street and your refusal of that test cannot be used against you in court. If you are arrested, you will have an opportunity to call a lawyer for advice from the jail prior to being asked to take a breath test in the jail. Take advantage of the right to contact an attorney for advice before taking the breath test in the jail.
What are police allowed to do during a DUI stop?
Search my vehicle?If you provide permission for a search, they no longer need probable cause or a warrant. It is best not to give the police permission because you never know what they will find to build evidence against you. Without your permission, they will have to have probable cause and, in most cases, also a warrant to search your car or truck.
Require a blood alcohol test? The state of Kentucky is an implied consent state, which means that you agree to a chemical blood test just by driving on Kentucky roads. Because of this law, your license will automatically be suspended for 120 days if you refuse to take either the blood, breath, or urine test — even if you are not under the influence of alcohol or drugs when you refuse. Still, this might be an acceptable consequence, particularly if you suspect your Blood Alcohol Level is likely to be high, because it reduces the amount of detailed evidence against you. It you’re pulled over in Louisville, the decision to take the test or not is up to you.
Require a field sobriety test? If you are pulled over and the officer suspects you have been drinking, he or she may ask you to take field sobriety tests. In Louisville, you have the right to refuse these tests. Field sobriety tests consist of several exercises including: standing on one leg, walking in a straight line, following a pen or finger with your eyes while keeping your head and neck still. Poor performance on any part of the tests could give the police a reason to arrest you… plus extra evidence for your possible conviction!
What are the consequences of a first time DUI Offense in Louisville, Kentucky?
Punishments range from low to heavy fines, to license suspension for up to 120 days, possible community service, alcohol education program, a DUI conviction on your record for 5 years, and possible jail time. A great lawyer is your best line of defense against these potentially life-altering outcomes.
This is not my first DUI. What kind of trouble am I facing?
There are exceptions and different solutions to repeat offender charges, though the KY Transportation Department outlines the penalties as:
- First DUI Offense Within a Five Year Period
- $200 – 500 Fine
- Service fee
- 2 to 30 Days in Jail*
- 90 Days of Alcohol or Substance Abuse Program
- 30 to 120 Day License Suspension
- Possible 48 Hours – 30 Days Community Labor
*If aggravating circumstances present-4 days imprisonment
Second DUI Offense Within a Five Year Period
$350-500 Fine
Service fee
7 Days – 6 Months in Jail*
1 Year of Alcohol or Substance Abuse Treatment
12 to 18 Month License Suspension
10 Days-6 Months Community Labor
*If aggravating circumstances present-14 days imprisonment
Third DUI Offense Within a Five Year Period
$500 – 1,000 Fine
Service fee
30 Days-12 Months Jail*
1 Year of Alcohol or Substance Abuse Treatment
24 to 36 Month License Suspension
10 Days-12 Months Community Labor
*If aggravating circumstances present-60 days imprisonment
Fourth DUI Offense Within a Five Year Period
Class D Felony
Service fees
Minimum Term 120 Days Imprisonment Without Probation*
1 Year of Alcohol or Substance Abuse Treatment
60 Month License Suspension
*If aggravating circumstances present-240 days imprisonment
What should I do if I get pulled over in Louisville or Jefferson County under suspicion of a DUI and I have been drinking?
The state of Kentucky has a threshold of .08 percent Blood Alcohol Content (BAC), which means that if you’re pulled over and your BAC is over that number, you will be arrested for committing a DUI. Even if the number is less than .08, the officer may still arrest you and charge you with DUI. If you are small in stature or have a lower body mass it will not take much for you to reach this limit.
What if I have to have a drink or two?”
If you must drive, the best advice is not to drink. If you feel you must have a drink, know your limit and have no more than one or two beers throughout the course of the evening, with at least one glass of water in between each one. If you drink more than that, take a taxi, or ask a friend of family member to come and pick you up. Louisville even has a service called CityScoot that can get you and you vehicle home after you have had a few drinks.
What is the Definition of a DUI in Louisville, Jefferson County or Kentucky?”
This summary of Kentucky law pertains to the criminal offense of Driving Under the Influence or DUI.
Motorists in Kentucky can be charged with five different DUI violations:
- 1. operating or in physical control of a motor vehicle under the influence of alcohol;
- 2. operating or in physical control of a motor vehicle with a prohibited alcohol concentration;
- 3. operating or in physical control of a motor vehicle while under the influence of any other substance which impairs driving ability;
- 4. operating or in physical control of a motor vehicle while under the influence of a combination of alcohol any substance which impairs driving ability; and
- 5. if under 21 years of age and operating or in physical control of a motor vehicle with a prohibited alcohol concentration.
The Kentucky DUI laws cover operating or physical control of a motor vehicle “anywhere” in the state, which includes private property.
What does it mean to be arrested under Aggravating Circumstances?
According to the law, (KRS 189A.010 [11]) your DUI case has aggravating circumstances and can result in higher minimum jail time if any of the following applied to your arrest in addition to the DUI charge:
- Over 30 mph over speed limit
- Wrong way on limited access highway
- Causes accident resulting in death or serious physical injury
- Alcohol level of .15 or more within 2 hours after operating the vehicle
- Refusal to submit to testing
- Transporting passengers under 12 years of age
I was on probation and got arrested again. What are my options?
You should call Paul Gold or another Louisville attorney. The prosecution will be trying to revoke your probation so that you server jail time. It would be very beneficial to you to have legal council to guide you through your case.[/toggle]
I got into a car accident in Louisville. Now what?
Call Paul Gold! You may be entitled to compensation and he will fight to get you what you are owed. Paul Gold is committed to fighting for your rights all the way through a jury trial if that is what it take to make sure justice is served. [/toggle]