Reader’s Question:

I read a recent post about clearing a DUI record. My son has been convicted for DUI Louisville, Kentucky. What are the conditions under which a DUI record can be cleared?

Nate

Louisville, KY

Your son’s DUI conviction in Louisville, Kentucky can be cleared by way of expungement. In Kentucky, DUI misdemeanor convictions can be expunged under certain conditions. A DUI conviction for first, second, or third offense is considered a misdemeanor in Kentucky, while subsequent DUI convictions within a 5 year period are considered felonies. In Kentucky DUI law, a first DUI conviction can be expunged so long as certain conditions are met.

The conditions under which a DUI can be expunged is first, the person had no previous felony conviction. Second is that the person had not been convicted of any other misdemeanor or violation offense in the five years prior to the conviction sought to be expunged. Also, the person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation. Fourth is that no proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against the person. Lastly, the offense was an offense against the state of Kentucky.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a friend who has been convicted for DUI here in Owensboro, Kentucky. I was advised by someone that he can actually clear his DUI record in a way as if he was never convicted. Is that true, and if it is, how can he do that?

Adeline

Owensboro, KY

Your friend can actually clear his DUI record in Owensboro, Kentucky through expungement. This simply means to erase and it can be compared deleting a file off a computer, but the record actually still exists deep inside the hidden archives.

To have a DUI expungement can open the possibility of getting the driver’s license back after a DUI. This also means not having to report a DUI on certain applications pertaining to employment or other personal matters. In general, a properly expunged DUI record is prohibited from appearing on pre-employment background checks or other sensitive inquiries. You have to keep in mind, though, that not all criminal records are eligible for expungement because several conditions may apply such as past criminal history, the purpose of the expungement, and the severity of the offense for which expungement is being considered for.

Usually, a DUI expungement is blotted out from a person’s legal records but not totally obliterated. A DUI expungement may be revived, for example, and considered in subsequent cases such as a repeat offense. Nonetheless, to have a DUI expungement is practically unheard of but the effects are amazingly positive.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction in Kentucky. I’m pretty much concerned right now with my car insurance and filing SR22. How can I find cheap SR22 auto insurance here in Fayette, Kentucky?

Mayra

Fayette, KY

You may be a bit confused now if you are wondering how to find SR22 auto insurance in Fayette, Kentucky. An SR22 Kentucky auto insurance policy is a form or a rider to your insurance policy, typically purchased in combination although it can be purchased separate. A filing for SR22 is usually required by the Department of Motor Vehicles (DMV) after a driver has exhibited high risk tendencies, and in your case, because of your DUI conviction.SR22 acts as a guarantee by the insurance company that you have continuous liability coverage and if your policy lapses, the insurance company is required to notify the DMV immediately, which will result in license suspension.

Many insurance companies offer SR22 auto insurance in Kentucky, although not all are required to do so but there are a few options to consider. If you have an existing policy with an insurance company, check with them to see if they offer this filing. Start comparing different companies to see what will be the best price for you if you do not have current insurance. Compare SR22 quotes from many different Kentucky auto insurance companies in order to find the best deal on your Kentucky car insurance.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I kept on telling myself that drinking and driving is the one thing that I would never do because I know that it is very dangerous. Now, it was a thing in the past because when I tried it the first time, several occasions followed that I drove myself home drunk. If I will be caught drunk driving here in Kentucky, what are the things that could happen following the arrest?

Lindsay

Louisville, KY

If you will be caught by a law enforcement officer drunk driving in Kentucky, a lot of legal steps would emanate from it. The state of Kentucky has harsh penalties for people caught drunk driving because DUI is a very serious criminal offense.

If a police officer asks you to pull over for driving after excessive alcohol consumption, you will generally be asked to perform field sobriety tests (FST) or blood alcohol content (BAC) tests such as urine, breath or blood tests. If yoy refuse to take the BAC test or if your BAC level is over the legal limit of .08%, you would probably be taken into custody at the local police station.

Common consequences of a DUI charge include license suspension, car impoundment, fines, and court dates. In general, a judge or jury decides your fate unless the law specifically dictates a certain type of punishment. Additional sentencing may also include community service, drug or alcohol treatment, parole time, rising insurance rates and installation of an ignition interlock device in your vehicle.

Tags: DUI, DUI lawyer

Reader’s Question:

I have heard so many things about the breath test which measures the blood alcohol content of the person suspected of DUI. They say that anyone can fool this kind of test. How true is this and can fooling a breath test be used to avoid a Kentucky DUI conviction?

Don

Fayette, KY

Yes, it may be true that a person suspected of DUI can fool the results of a breath test in measuring blood alcohol content (BAC). If in any case that you will be charged with DUI in Kentucky, this can actually be used as a way to avoid a Kentucky DUI conviction in court. The breath test may be correct but you can convince the judge that the test was wrong.

A large amount of garlic could do the trick in altering the possible results of a breath test. It could certainly reduce the total score on the breath test analyzer. Garlic that is consumed a few minutes before a breath test can bring your score down a few points.

But if in some cases that you were stopped and asked to take a test and failed it, you will be given a court date, as well as a night or more in jail. You can have a defense if you can prove the test was wrong when you bond out and appear in court. You can say that you were taking a legal prescription containing alcohol. The judge actually has the power to rule based on intent.

Tags: DUI, DUI lawyer

Reader’s Question:

My cousin was charged with DUI here in Kentucky. I know a lot of lawyers around and we are considering hiring one for her to represent her in court. I was told that DUI is not a simple case and we have to hire a DUI lawyer not just a general practitioner. Why does she need a DUI lawyer?

Kevin

Lexington-Fayette, KY

Finding a good Kentucky lawyer in cases of driving under the influence is a very daunting task. There are a lot of inexperienced, incompetent and even unethical lawyers. That is one of the reasons why you should hire an expert on the matter of DUI cases to defend your cousin in her case.

The defenses required in DUI cases require technical knowledge. It is actually a highly specialized field of law. You must ask the lawyer if he specializes only in this field or if he handles other aspects or criminal or civil law.

The lawyer should also know witnesses who are technical experts in police procedures or in breath and blood analysis. A good DUI lawyer can ask the laboratory if they can analyze blood samples again for evidence.

The prosecutor should be able to give a lot of evidence at each stage in a DUI case. The three stages include stopping, detention and arrest. If the lawyer lacks evidence in any of the stages, all other evidence he will present will not be recognized. Also, knowledge of the practices of an experienced DUI lawyer can save your cousin a great deal of money and effort.

Tags: DUI lawyer

Reader’s Question:

My brother is being tempted to fight his DUI case here in Kentucky without hiring the services a DUI attorney. I was advised that he will still need the help of an expert to represent him. Please tell me, what are the reasons why he needs to hire a DUI lawyer?

Arnie

Louisville, KY

Going to court without a Kentucky DUI attorney on your brother’s side may not actually be a very good idea. He may hope to save himself some money in doing so because after all, hiring the services of a DUI attorney is not cheap. Nevertheless, hiring an experienced attorney is well-worth the cost because it increases the chances of having his charges reduced or possibly even dropped.

A DUI attorney offers experience with the court system and in defending many varied DUI cases. He/she has contacts with various people that can serve as expert witnesses in your brother’s defense. A DUI attorney has vast knowledge about DUI laws and procedures in Kentucky. He/she also has the ability to look at a case objectively and determine the best method to disprove the prosecution’s case.

Your brother may think he can save money if he doesn’t hire an attorney, but a DUI attorney can have a dramatic impact upon his case and can actually save him money in the long run. It is worth saving on the increased insurance costs alone by getting the services of a professional attorney.

Reader’s Question:

My father was charged with DUI here in Kentucky. I think it was serious because my parents don’t want to talk about it with us. A friend of mine told me that maybe the charge was an aggravating DUI case. What does it mean by having an aggravated DUI case?

Laura

Owensboro, KY

The state of Kentucky considers DUI a criminal offense that is punishable with both criminal and administrative penalties. DUI can actually result penalties that are difficult to face when you’re trying to live a normal life.

Kentucky has a list of six aggravating factors that double the mandatory minimum jail time for people convicted of DUI. The circumstances that an aggravating case could be charged if the offender was operating a vehicle going the wrong direction on a limited access highway, driving 30 miles per hour or more over the speed limit, operating a motor vehicle that caused death or serious injuries, refused to submit to chemical testing, had a blood alcohol level of .18% or had a child under the age of 12 in the vehicle while driving under the influence. The minimum jail time with one aggravating factor is 4 days for a first offense. A second offense would have a mandatory minimum jail time of 14 days. The third offense has a mandatory minimum jail term of 60 days. A fourth offense with an aggravating factor increases the mandatory minimum jail term to 240 days.

If your father was charged with this, he will need a Kentucky DUI lawyer who can help him defend himself against DUI charges or minimize the penalties composed if you are convicted.

Reader’s Question:

I’ve been doing a lot of researches about DUI lately because my sister has been charged with this here in Kentucky. I came across a website which contains information about DUI checkpoints. I know that many people are not in favor with this. Are DUI checkpoints really useful?

Reggie

Louisville, KY

Drinking and Driving has always been unsafe but those people who drink hardly care for a DUI checkpoint when they are drunk. It is a general practice of the law enforcement officers to put a roadblock and usually at late nights, check every vehicle for a soberness check. They usually check whether the motorist is intoxicated or not. In Kentucky, they even conduct a breath test to find out on the spot whether it is allowable for the person to drive.

There actually have been many studies undertaken to find the effectiveness of DUI checkpoints. Surprisingly, the DUI checkpoints prove to be not of much help as states which do not have checkpoints at all have fewer roads accidents caused by drunken driving. Besides, it is found out the regular patrol officer on duty are more capable of keeping the drunk drivers off the road.

Probably, the reason behind the ineffectiveness of DUI checkpoints is that there are prior notices about the checkpoints being set up which makes it very easy for motorists to avoid them. But to some extent, these notices are helpful in reminding people that there is a constant effort to reduce the danger of drinking and driving and getting caught and charged with DUI.

Reader’s Question:

A friend of mine was charged for DUI here in Kentucky. I was convicted for the same charge over a year ago but in another state. Are the penalties on each state the same? What could he be facing now with his DUI arrest?

Frank

Lexington-Fayette, KY

Not all the states have the same penalties for DUI. In the state of Kentucky, criminal penalties associated with DUI become more severe with each offense a person accumulates. The look-back period is helpful in determining whether an offender will face penalties for a first offense or a subsequent offense. The look-back period is for five years. It will be considered a first offense if a prior conviction occurred more than five years ago. The penalties for a first Kentucky DUI offense are a $200-$500 fine, a service fee of $250, 48 hours to 30 days in jail, not less than 48 hours and not more than 30 days of community service if the offender is eligible, driver’s license suspension of 30 to 120 days, and 90 days of alcohol or drug assessment and treatment. The DUI offender is eligible for a restricted work permit after 30 days of a suspension.

Second offense penalties include $350-$500 in fines, $200 in service fees, seven days to six months jail time, not less than 10 days and no more than six months of community service, one year of alcohol and drug assessment and treatment and 12 to 18 months of license suspension.

A third DUI offense results in penalties including a fine of $500 to $1,000, 30 days to 12 months in jail, not less than 10 days and no more than 12 months of community service, 24 to 36 months of license revocation and one year of mandatory alcohol and drug treatment and assessment.
A fourth DUI offense is a class D felony in Kentucky so the offender must serve a jail time that may be from one year to five years in length, a mandatory jail sentence of 120 days. The license will be revoked for 60 months and the offender will have to undergo alcohol and drug assessment and treatment for one year.