Reader’s Question:

My cousin might just have to negotiate his DUI case in Lexington-Fayette, Kentucky and opt to go on a plea bargain. Does the state of Kentucky allow plea bargaining on DUI cases?

Queen

Lexington-Fayette, KY

The state of Kentucky prosecutors usually do not enter into plea bargaining deals for people charged with DUI. The Kentucky statutory law actually mandates that the prosecutor should not agree to amend the DUI charge or charges to a lesser offense if the alcohol concentration for a person twenty-one years of age or older with a Blood Alcohol Content (BAC) at or above 0.08 percent, or for a person under the age of twenty-one (21) with a BAC at or above 0.02, or when the defendant, regardless of age, has refused to take blood alcohol concentration or substance test.

But in some DUI cases, exceptions might exist. The prosecuting lawyer may agree to amend your cousin’s DUI charge in Lexington-Fayette, Kentucky to a lesser offense if all prosecution witnesses are, and it is expected they will continue to be, unavailable for trial. Moreover, a prosecuting lawyer shall not amend a BAC and should oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the chemical test results were in error.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I know somebody who has been charged with DUI here in Owensboro, Kentucky. Can a police officer testify against him about his impairment?

Vernon

Owensboro, KY

In the state of Kentucky, the observation by a police officer of an individual’s behavior and appearance is actually considered to be sufficient for the police officer to express an opinion about the defendant’s ability to operate a motor vehicle safely and the degree of the defendant’s intoxication. This could be bad news for people accused of DUI who do not believe the police officer actually witnessed them driving under the influence. Nevertheless, a police officer could still testify against the person you know on his DUI case in Owensboro, Kentucky.

The state of Kentucky DUI statute says that it does not require proof of bad driving, but rather, only proof that the driver or the operator was under the influence of alcohol and/or any substance which impaired his/her ability to drive.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I wanna help my sister out as she was recently charged with DUI here in Louisville, Kentucky. The officer asked her to do some tests and mentioned that my sister could not refuse. Why don’t we have the options in refusing these tests?

Sharon

Louisville, KY

When your sister acquired her Kentucky driver’s license, she agreed to Implied Consent Statute that states an individual gives their consent to one or more breath, urine, or blood tests if a police officer has reasonable grounds or probable cause to believe that the individual is driving under the influence of a motorized or non-motorized vehicle. That is the reason why your sister could not refuse any chemical test that was asked by the police officer when she was suspected for driving under the influence in Louisville, Kentucky.

Moreover, a police officer may conduct the said test of a person incapable of giving their refusal (i.e.: unconscious, dead, or otherwise in a condition rendering him incapable of refusal) since Kentucky DUI laws deem such an individual to not have withdrawn their consent for the tests. If an individual refused to give their consent to a test of their breath, urine, or blood as requested by a police officer, it would result to the revocation of their driving privileges as stated in Kentucky DUI laws.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

What are the responsibilities of a DUI attorney? I have no idea regarding the preparation of a DUI case in Fayette, Kentucky. Would you help me at least have a clue?

Paul

Fayette, KY

A DUI attorney can help you minimize the penalties imposed by the state if convicted or help you to successfully defend yourself against the charges. The responsibilities of a DUI attorney range from consulting his clients when they are facing a DUI charge to seeing clients through their criminal trials and any administrative proceedings. Educating their clients about what constitutes a DUI case in Kentucky and the possible penalties involved are also part of a qualified DUI attorney’s job.

A DUI arrest can trigger two types of cases; an administrative case and a criminal case. An administrative case deals with your driving privileges. This means that just being arrested for drunk driving alone and without even being convicted, will result to your driving privileges being revoked for a time period that corresponds to the number of convictions you’ve had.

On the other hand, the criminal case is where a person will be prosecuted for the crime of driving while intoxicated. Hiring a Fayette, Kentucky DUI attorney will help you prepare for each case by reviewing evidence and gathering information that can be crucial to your situation. Though there are no guarantees, having a qualified DUI lawyer on your side does give you a better chance of a positive outcome.

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

Reader’s Question:

I was once arrested for DUI in Lexington-Fayette, Kentucky but the case was dismissed. Since then, I’ve been following some studies regarding developments on DUI cases and the law. I’m focusing now on different field sobriety tests. I’m very much curious on the Horizontal Gaze Nystagmus test. How accurate is this kind of field sobriety test?

Tanner

Lexington-Fayette, KY

It’s good to know that your DUI case in Lexington-Fayette, Kentucky has been dismissed. Anyway, the National Highway Traffic Safety Administration (NHTSA) studies which pertain to Horizontal Gaze Nystagmus (HGN) contain flaws which suggest they are not reliable indicators of a level of intoxication. NHTSA studies claim that Horizontal Nystagmus or the horizontal jerking of the eyes is considered to be an indicator that a person is under the influence of alcohol or drugs.

Police officers usually give the HGN as one test of the NHTSA three Field Sobriety Tests (FTS’s). NHTSA claims in their studies that the HGN test is 77% accurate in determining whether or not a person is within the legal limit of 0.08 BAC. However, experts have actually criticized the administration of HGN test by police officers who are not an ophthalmologist trained in the detection of eye movements and/or eye pathologies. Moreover, experts have said that the HGN test when administered according to NHTSA standards will not stand up to peer review and may lead to false results.

Tags: drunk driving laws, DUI, DUI advice

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