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.

Reader’s Question:

About two weeks ago, I got convicted with DUI here in Kentucky. I was lucky enough to have avoided serving time in jail. I need to renew my auto insurance soon. How does my DUI conviction affect my car insurance? Is there a need for me to file an SR22?

William

Fayette, KY

Auto insurance companies may check your motor vehicle record only once every three years or when you are applying for a new policy. There’s a possibility that your DUI conviction may never make their way to your official motor vehicle record. But since you have to renew your auto insurance, they most likely take a peek on your motor vehicle record. You may be classified as a “high-risk driver” and your insurance would go up. An even worse thing may happen if your policy will be cancelled or non-renewed, especially if you are in a preferred rate class. You will then be forced to look for new car insurance because of the sky high cost after your DUI conviction. The best strategy is to shop around because car insurance rates will vary greatly among insurance companies.

Regarding filing of SR22, the state of Kentucky does not require SR22. I don’t want to keep your hopes up but if you don’t have to get an SR22, it’s possible that your insurance company will never find out about your DUI conviction. In this case, it may still have a few years to raise car insurance rates if your DUI conviction is discovered later.

Reader’s Question:

Hi. I just moved here in Kentucky and in the state that I came from, shock probation law apply in DUI cases. I just want to know if that also applies here. Does the state of Kentucky have shock probation law even in fatal DUI cases?

Allyson

Fayette, KY

The state of Kentucky has shock probation laws that give judges the power to decide whether offenders should be placed on probation or set free from their prison sentences. Shock is actually a legal theory which asserts that the person has been traumatized by immersion in the penal system that he or she has been scared straight and will not commit the crime again.

An example of this is when a person commits a mistake of driving under the influence of drugs and alcohol and is in an accident that kills a fellow driver on the road. The convicted DUI offender could be released from a prison sentence under shock probation laws.

A more shocking truth is that shock probation law has been applied to fatal DUI cases in Kentucky. Oppose parties of this law said that this should not apply to felonies but is alright for misdemeanors.

Defenders of shock probation said that this law is significant for many young DUI offenders who have made a mistake and do not have any previous criminal history.

Reader’s Question:

I am from another state and just recently moved back here in Kentucky. I was a company driver for four years with two different companies including one here in Kentucky. I was convicted with DUI here in Kentucky three years ago. I am applying to drive a school bus. Will my previous DUI conviction be a hindrance in getting the job I am applying for?

Andrew

Louisville, KY

You have a very timely question. In recent news on a local newspaper in Louisville, Kentucky, it was reported that the state of Kentucky imposes tougher restrictions on school bus drivers. This was prompted by an incident in which a Kentucky bus driver was arrested after making an illegal turn. It was discovered at once that the bus driver had a syringe full of cocaine on him and three past DUI convictions. The company employing the driver instantly stopped the operations of all of its drivers when it realized that none of them had undergone any background checks. Kentucky schools were compelled to shut down for two days due to lack of drivers.

In your case, there’s nothing much to worry about because your DUI conviction happened three years ago. The state of Kentucky will not let a person drive school buses if the driver has a prior DUI conviction in the past two years. This is being strictly implemented now.

Reader’s Question:

I don’t want to consider my son as a problematic child; he’s still my son after all. But I am actually thinking twice because just recently, he has been charged with his second DUI offense here in Kentucky. His first was barely two years ago. What are the DUI penalties for second time offenders?

Jewel

Fayette, KY

In Kentucky, it is against the law to operate a motor vehicle while under the influence of alcohol. Because of this, your son faces criminal charges since he was arrested for second DUI in Kentucky.

Let me warn you that the penalties imposed upon repeat offenders are more severe to try to prevent these offenders from committing further offenses. If your son will be convicted, he may have penalties of up to $500 in fines and up to six months of jail time, he may also have his license being revoked for not less than 12 months or more than 18 months. There are also penalties in place for drivers who are caught Driving With License Suspended (DWLS). An additional driver’s license suspension period of six months will be imposed for a DWLS offense.

I advise that you find Kentucky DUI attorney for assistance in defending your son against criminal charges.

Reader’s Question:

I have not been taken to a police station for any reason. But I have several friends who have already been arrested and taken to police custody because of DUI charges here in Kentucky. But just in case, I just want to know, do I have a right to a phone call or a lawyer if I will be arrested for DUI?

Jonathan

Louisville, KY

If you will be arrested for DUI in the state of Kentucky, you should ask to see a lawyer the moment you arrive at the police station. Anyone who is under arrest, as we often hear, anything you say might be used against you. That’s why you should not say anything without the presence of a lawyer or until you have already talked to a lawyer.

You have the right to make a local phone call to a lawyer, any relative, bail bondsman and/or other person within a reasonable time after the arrest or booking at the jail. The police may not listen to any communications made to your lawyer. You should make the call in such a way that you cannot be overheard by anyone.