Reader’s Question:

I know I’m likely to get arrested for DUI here in Louisville, Kentucky because I have a habit of drinking and driving. I try my best to drive carefully when I had something to drink but in case I get stopped for DUI, do I have to step out of my car and do some tests?

Darnell

Louisville, KY

In case you get stopped for DUI in Louisville, Kentucky, you are legally required to step out of your car if you are asked to do so. But you are under no obligation to perform any type of field sobriety tests (FST). FST’s are not mandated and they come in many forms such as standing on one foot, touching your nose and walking a straight line, among others. You would simply provide the officer with more probable cause to arrest you if you perform these tests. If you refuse, you make the officer’s decision to arrest or not arrest a more difficult one, which works in your favor.

You have to invoke your right to a lawyer and other that those intended to identify you, refuse to answer any questions if you get arrested. Submitting to a breath or blood test is a personal choice, but you could suffer the penalties of a refusal such as license suspension and stiffer DUI punishment. Taking a breath or blood test could provide more evidence for the officer’s case, but in the end, you would likely be better off. Your car insurance will also be affected if you have a DUI on your belt. Be sure to get a better deal for your car insurance after a DUI arrest like the ones available from this website.

Tags: blood alcohol test, car insurance, DUI, DUI arrest, field sobriety tests

Reader’s Question:

My sister is hoping that she could have her felony DUI here in Owensboro, Kentucky reduced to a misdemeanor DUI. Can she just tell the judge that she wishes to have her DUI charge reduced?

Violet

Owensboro, KY

Yes, if your sister would like to have her felony DUI charge in Owensboro, Kentucky reduced to a misdemeanor DUI, she can tell the judge on the day of court about that. She can ask the felony dropped to a misdemeanor in exchange for a larger misdemeanor sentence. She can even tell the judge that she would like to avoid having a felony on her record. The judge on her DUI case might just go along with that so she has to take her chances.

There are some other things that she can do to have her felony DUI charge reduced to a misdemeanor DUI. She can inspect her ticket for errors. She has to make sure that the dates and addresses are all listed correctly on her DUI ticket because if she finds an error in the charge, a prosecutor would reduce the ticket down to a misdemeanor if she just continues on with the case. She can also apply and start attending a DUI assistance course before even going to court. Also, whatever happens to her DUI case, she might need the SR22 auto insurance so I suggest she gets an online rate quote now from this website.

Tags: DUI, felony DUI, SR22 insurance

Reader’s Question:

My auto insurance has been cancelled by my insurance company because of my DUI conviction here in Lexington-Fayette, Kentucky and it’s been a long while since I drove a vehicle. I’ll get back my license soon so I’m ready to drive again but is it okay for me to drive without auto insurance?

Mari

Lexington-Fayette, KY

No, it’s definitely not okay for you to drive without auto insurance after your insurance has been cancelled by your insurer because of your DUI charge in Lexington-Fayette, Kentucky. Almost all of the states require everyone who drives to have auto liability insurance. Also, every state has financial responsibility laws which means that even in a state that does not require liability insurance, you still need to have sufficient assets to pay claims in case you cause an accident. If you do not have enough assets, you should purchase at least the state minimum amount of insurance.

Insurance is there to protect your assets and to try to see how little you could get by with could be very short-sighted and dangerous. In general, the consumer groups as well as the insurance industry recommend a minimum of $100,000 of bodily injury protection per person and $300,000 per accident since accidents may cost far more than the minimum limits mandated by most states. So, if you wanna make sure that you are legally driving, you have to get auto insurance so get an online rate quote now from this website.

Tags: auto insurance, auto insurance quotes, driving without insurance, DUI, DUI conviction

Reader’s Question:

Is it really possible that my auto insurance company will never find out about my DUI conviction here in Fayette, Kentucky? What are the instances that an insurance company could miss a DUI conviction?

James

Fayette, KY

The state of Kentucky does not require SR22 auto insurance so it is certainly possible that your auto insurance company will never find out about your DUI conviction there in Fayette, Kentucky if you don’t have to get an SR22 auto insurance. A study by the Insurance Research Council back in 2002 showed that as many as one-quarter of driving convictions never end up on motor vehicle records because of lack of shared information between motor vehicle departments and courts, or because a conviction has been erased through alternative means like school.

In case you have a limited license suspension, such as 30 days, and in other cases, got a DUI charge reduced in a plea bargain, it would also be very likely that the auto insurance company will never find out about your conviction. If the auto insurance company misses the DUI conviction at the time it happens, it could still have a few years to raise rates if the DUI is discovered later. In case you are trying to look for a lesser price for your auto insurance, don’t hesitate to get an online rate quote from this site.

Tags: DUI, DUI conviction, SR22 insurance

Reader’s Question:

I wanna know if police officers in Owensboro, Kentucky use the same standards in field sobriety testing. Are these officers trained in conducting these different kinds of tests?

Lars

Owensboro, KY

To tell you frankly, Lars, believe it or not, although they should have, there are no standards in the state of Kentucky governing field sobriety testing. Police officers in Owensboro, Kentucky definitely receive training every so often that includes field sobriety training, but it seems that such training is clumsy and haphazard at best. Indeed, experienced DUI lawyers would quickly learn that individual police officers use a wide variety of tests different from one another and they administer each test rather differently. This is true even among police officers from the same department.

The most common field sobriety tests conducted in Kentucky are the walk and turn test, the one-leg stand, horizontal gaze nystagmus test, the finger touch test, the nose touch test, the numbers test, the alphabet test and the preliminary breath test. Generally, a police officer would offer three of the tests, plus preliminary breath test.

Tags: breath test, DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Is it true that I am not required to appear in court at the arraignment of my DUI case in Louisville, Kentucky?

Raymund

Louisville, KY

Unlike other traffic tickets, a DUI charge would require a defendant to appear in Kentucky court to answer the charge at the arraignment of the DUI case. The arraignment is often times referred to as the “first appearance” in court. Your arraignment would be the formal procedure where the Court would advise you of the charges against you, advises you of your rights, and you would enter a plea of guilty or not guilty.

The Kentucky Law can allow you to enter a not guilty plea to your DUI charge in Louisville, Kentucky through your DUI lawyer and this would eliminate the need for you to a court appearance. There are certain unique circumstances where a DUI defendant would want to plead guilty, or it is advisable to do so at the arraignment. But in the majority of cases, entering a not guilty plea would be the recommended course of action at the arraignment. Preferably, the not guilty plea should be done through your DUI lawyer so that the lawyer could enter and preserve Constitutional issues, particularly your speedy trial rights.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

My son was charged with DUI because he was caught drunk driving in Fayette, Kentucky and I don’t know yet if they have enough evidence to convict him. What are the types of evidence that police may have during his arrest?

Elvin

Fayette, KY

The evidence in a drunk driving case including your son’s DUI charge in Fayette, Kentucky commonly falls into five categories. The first category for the DUI evidence would be the driving symptoms. Unless an accident is involved during the DUI stop, this is usually what first attracts the police officer’s attention and, typically, may involve swerving, lane straddling, etc. The second type of evidence usually involves personal indicators. These could include bloodshot eyes, slurred words, etc.

The third type of evidence in a drunk driving case consists of the field sobriety tests. The field sobriety tests include the horizontal gaze nystagmus, one-leg-stand, walk and turn test, etc. The fourth type of DUI evidence consists of incriminating statements, whether made in response to questioning or spontaneously. An example of this is that the driver may tell the officer that he only had a couple of drinks. The fifth type of DUI evidence would be the chemical tests. This would be the analysis of breath, urine or blood sample for alcohol content.

Tags: blood alcohol test, DUI, DUI lawyer, field sobriety tests

Reader’s Question:

My brother was arrested because of DUI in Lexington-Fayette, Kentucky and of course, nobody wants him to be convicted. Because of that, should he hire a lawyer to help him defend his case?

Hugh

Lexington-Fayette, KY

Without a doubt, your brother should definitely hire a DUI lawyer after his DUI charge in Lexington-Fayette, Kentucky and the sooner he does this, the better. Some evidence on a DUI case, by its very nature, would be most valuable and obtainable for a short time. A delay could prevent the development of some evidence on your brother’s DUI case. DUI cases, as you may very well understand, are very complex and involve a great amount of law and science. It would be critical that your brother obtain legal counsel quickly. A DUI lawyer would know how your brother could be able to get out if this.

DUI conviction could definitely lead to severe and far-reaching consequences and your brother’s driving record would never be cleared after the conviction is final. If he hired a qualified DUI lawyer, he would owe it to himself to hire a lawyer to handle this matter. He might be thinking that he could handle his DUI case all by himself, but he has to think twice about that. DUI case is a very serious matter and going on court alone is absolutely not a good idea.

Tags: DUI, DUI conviction, DUI lawyer

Reader’s Question:

A friend of mine was arrested just recently for DUI here in Owensboro, Kentucky. We know that it won’t be easy for him because this is not just an ordinary traffic offense. Is it really important to hire a DUI lawyer and what are the stages in a DUI case?

Marshall

Owensboro, KY

After your friend’s initial arrest for DUI in Owensboro, Kentucky, he would be given a Preliminary Hearing date so that a judge could review his DUI case and find out if there is sufficient evidence for the DUI case against him. If there is enough evidence against him, the next court date would be for his arraignment. During the arraignment, he would hear all the charges against him and he would be asked to enter a plea of “guilty” or “not guilty.”

It would be imperative for your friend to have an experienced DUI lawyer to guide him through the proceedings and help clarify the severity of the charges against him. He could request for a trial by jury depending on the circumstances of his DUI case if he believes that he is innocent and doesn’t accept the options offered during the arraignment. This could be very complicated since witnesses and experts would be called upon to testify for and against his DUI case. If he chooses to take this route, his DUI lawyer must have appropriate experience in DUI cases to help reduce his sentence or have his DUI case dismissed altogether.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

A very close friend of mine was arrested for DUI in Fayette, Kentucky and he is no longer in jail because he already posted bail. What if he doesn’t appear in court and the court orders forfeiture, could it be set aside if he later appears in court?

Joyce

Fayette, KY

In a DUI trial, the court would sometimes order bail forfeited on the defendant’s non-appearance in court. It is very important for your friend not to skip court after he posted bail for his DUI charge in Fayette, Kentucky. But most of the time, the forfeiture is vacated to reinstate the bail when the defendant later appears in court and offers an explanation for the absence.

In some instances, the non-appearance of the defendant in court may be due to death, illness, or insanity, or detention by civil or military authorities, and if the non-appearance was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness that is being accepted as an excuse would be if the defendant is confined to bed by reason of a doctor’s order. If the defendant escapes and the prosecuting agency do not seek extradition, the bail could be exonerated.

Tags: bail bond, DUI, DUI lawyer, DUI trial