Reader’s Question:

How is the horizontal gaze nystagmus test being done in DUI field sobriety tests? If I get arrested for DUI in Louisville, Kentucky, do I have to do this test?

Blair
Louisville, KY

If you get arrested for DUI in Louisville, Kentucky, you don’t have to take the Horizontal Gaze Nystagmus (HGN) because this test, as they say, looks for twitching in the eye due to disequilibrium caused by alcohol in the body which can be revealed by the HGN test. In dong the HGN, the officer would ask you if you are wearing contacts and tell you to follow instructions because failure to follow is allegedly an indication of alcohol impairment. The officer would ask you to follow a stimulus like a pen or finger then passes his finger side to side approximately 15 inches from your face at approximately four seconds a pass in order to determine if your eyes follow the stimulus smoothly and each eye tracks the stimulus equally which could be a symptom of a traumatic brain injury or brain disorder.

The officer would pass the stimulus in front your face at two second passes in order to look for twitching prior to the eye reaching a forty five degree angle from the nose. Finally, he would hold the pass at maximum deviation and looks for twitching before four seconds elapses. The officer would look for certain clues in each eye like twitching prior to the onset of forty five degrees, twitching at maximum deviation and if the eye pursues smoothly.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

My cousin was arrested for DUI in Lexington-Fayette, Kentucky and obviously, his driver’s license was taken because he refused the blood alcohol test. How long would his driver’s license suspension be?

Nica
Lexington-Fayette, KY

Your cousin is facing strict consequences now after he refused to have a blood alcohol test when he was arrested for DUI in Lexington-Fayette, Kentucky. Not only that his driver’s license would be suspended for some time but his blood alcohol test refusal could be used against him on his DUI criminal trial. Even if he will be acquitted for the DUI charge, he would still have to face penalties for the blood alcohol test refusal. He has to be sure that he would have a DUI lawyer to work with him on his case to fight for his driver’s license and criminal court trial.

As mentioned, a person having a DUI arrest in the State of Kentucky would have to face driver’s license suspension. Your cousin could expect to have a period of 30 to 120 days of license suspension is this is his first DUI offense. For second DUI offense, the license suspension would be 12 to 18 months. Third offenders would face license suspension for 24 to 36 months and for a fourth DUI offense, the suspension would be for 60 months. Application for a hardship license would be available for first, second and third time offenders after serving a portion of the suspension time. The hardship license would allow them to have limited driving privileges. For fourth time offenders, there are no provisions for hardship licenses.

Tags: blood alcohol test, driver’s license, DUI, DUI arrest, DUI lawyer

Reader’s Question:

Can blood alcohol test show how long the person had been drinking before driving? And in a DUI arrest, if an officer in Louisville, Kentucky would measure my blood alcohol content using the breath test, can I ask for a blood alcohol test?

John

Louisville, KY

In a DUI arrest, time is very important in measuring the blood alcohol content (BAC) of a person who is suspected to be driving under the influence of alcohol. The time that passes between drinking alcoholic beverage and collecting blood sample would greatly affect the results. The body would continue to break down alcohol at a steady rate after drinking which means that the amount of alcohol that a person drinks could be estimated by knowing how much alcohol is present in the blood and how much time has passed since the person had a drink. But the blood alcohol test only measures the amount of alcohol in the blood at the time that blood sample is taken and it doesn’t show how long the person had been drinking before driving.

If in case you get arrested for DUI in Louisville, Kentucky and the police officer uses the breath test to measure your BAC and you think that the test is inaccurate, you can definitely ask for a blood alcohol test instead. There are a lot of factors that could affect the BAC if a breath test is used and this has already been proven to be inaccurate in many DUI cases.

Tags: blood alcohol test, breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My sister just got charged with DUI here in Owensboro, Kentucky and we wanna do all we can to help her get out of it. What are the possible defenses that a DUI lawyer can build in order for her to win her DUI case?

Frank

Owensboro, KY

A DUI case is a very challenging task that a defense lawyer could handle because the District Attorney prosecutes DUI cases all day and the DA is willing to use all the fine legal points that are available. But a good DUI defense lawyer could be able to build defenses that could possibly win your sister’s DUI case in Owensboro, Kentucky. In a DUI offense, the law says that the police officer only needs to prove that your sister was not able to drive her car safely after drinking or her blood alcohol exceeds the legal limit. This may sound pretty cut and dried, but it is not quite as simple as that.

A DUI defense lawyer would surely challenge the case because the DA has to show that the police officer properly made the DUI arrest and that your sister was properly advised of her rights under Kentucky DUI laws. The DUI lawyer can also challenge that the equipment used for the test was working accurately and even the person who was operating the equipment has proper and current certification. A good DUI defense lawyer can get all the information that can prove your sister innocent.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I always anticipate that one day, I would just be arrested for DUI here in Lexington-Fayette, Kentucky but I still pray that would not happen. But just in case, what should I say to the police officer if I am stopped and asked if I had been drinking?

Daja

Lexington-Fayette, KY

If in case you will be stopped by a police officer in Lexington-Fayette, Kentucky because of DUI suspicion, just be polite and courteous. Don’t ever admit any type of guilt or apologize for anything. You have to remember that this is not the time to try and talk your way out of the situation. You may be already nervous enough and there is a greater chance of saying something you don’t mean. Also, if you try and talk your way out of the DUI stop, the police officer would keep prompting you to further incriminate yourself and you would most likely dig yourself into a deeper hole.

In a DUI stop, the police officer has most likely already made up his/her mind to ask you to perform field sobriety tests, so your answer would be irrelevant. If your tongue slips and you tell the officer that you have had one or two drinks, that does not qualify as an incriminating statement and it would explain the odor of alcohol coming from inside the car. If you only had two drinks and you tell the officer the time of your first drink, the time of your second drink, and where you were drinking, the officer would know that you did not have enough alcohol to possibly be intoxicated.

Tags: advice, DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I have read that during a DUI investigation, police officers in Fayette, Kentucky often conduct field sobriety tests. I found out how a hand pat test is being conducted but the question is, how can a police officer say that an impaired driver has failed the hand pat test?

Edna

Fayette, KY

The hand pat test is just one of many field sobriety tests used by police officers in Fayette, Kentucky when investigating a driver for DUI. But even in doing hand pat test, officers don’t decide to arrest a driver for DUI because that decision has likely already been made before the test begins. It is just used as an instrument to establish probable cause for a DUI arrest and to gather evidence for a DUI case. Police officers look for signs that the driver is impaired. They will consider it a failure of the hand pat test if the driver is unable to follow instructions, started the test too soon, stopped the test before instructed, unable to count as directed and unable to pat hand as instructed.

The hand pat test is considered not really a test in the true sense of the word because it is said that it is designed to be failed. Although officers and prosecutors say that the test evaluates physical and mental impairment related to alcohol intoxication, that would not always be the case. Most experts even agree that with regard to alcohol intoxication, mental impairment always comes before physical impairment. If there is no mental impairment that is present, any physical impairment must come from a source other than alcohol.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I heard from the people I know who have been arrested for DUI here in Louisville, Kentucky that a breath test is inaccurate. Could you explain why a breath test is unreliable?

Caitlin

Louisville, KY

Once a person arrested for DUI is taken to the police station, he/she would be asked to take the most common test in a DUI arrest which is the breath test. But the breath test, as you mentioned, is highly susceptible to error, and thus considered to be inaccurate. It would not accurately measure the blood alcohol level of the person arrested if the breath test is not taken just right. A good DUI lawyer in Louisville, Kentucky could be able to persuade the judge to throw out the breath test evidence. The main reason for the inaccuracy of the breath test is that, while it is supposed to measure how much alcohol is in the lungs, any residual alcohol in the mouth would result in a mistakenly high reading.

One other factor that could make the breath test unreliable could be the temperature of the person’s breath. The breath test would work on the assumption that the person’s breath is 34 degrees centigrade. Studies done with the breath test machine have shown that the real average breath temperature for people who have been arrested for DUI is closer to 35.5, with some as high as 37. That alone may mean that the result of the breath test would be between 10 and 20 percent higher than it really is.

Tags: breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I know that the trial for my DUI case in Lexington-Fayette, Kentucky would just be around the corner after the arraignment. I just wonder, could all the evidence be used against me during the trial?

Brent

Lexington-Fayette, KY

If you hired a DUI lawyer to represent you in your DUI case in Lexington-Fayette, Kentucky, one of the most powerful tools that your DUI lawyer has in preparing your defense is that of the law itself. Let me tell you straight that not all the pieces of evidence obtained by the prosecution could be used against you. The United States Constitution protects us from illegal searches and seizures that would prevent the government from intruding on our privacy.

Evidence that is obtained outside of the strict guidelines laid out under Kentucky law and statutes would render it inadmissible and otherwise unusable to the prosecution. Evidence that could not be admitted at trial might as well have never existed in the eyes of the law. Based on the training and experience of your DUI lawyer, if he/she believes that evidence was either illegally obtained or inadmissible under Kentucky law, he/she would file a motion to suppress with the court. The court would then set a hearing to hear all of the evidence and arguments by both sides to the criminal litigation. If the suppression motion would be successful, this would often result in a dismissal of the DUI case.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

My brother is not taking his DUI charge in Owensboro, Kentucky seriously because he thinks that it’s of lesser offense than other charges. Is it true that DUI is just a minor offense?

Teddy

Owensboro, KY

DUI is one of the most common criminal infractions reported and it is also one of the most misunderstood. Among many lawyers and the public, the truth about DUI is riddled with myth. The miserable result is that many of those who are accused of DUI do not know their rights. And because of that, they do not obtain adequate legal representation and they receive unfair and unjust penalties, regardless of whether they are guilty or innocent.

Saying that DUI is just a minor offense is one of the common and damaging misconceptions of DUI because DUI laws are getting tougher every year. Many politicians realize that they can gain points among their constituents by increasing the penalties and prosecutions of DUI cases. Over the years, DUI charges have become more and more serious in the state of Kentucky. This is just one of the reasons why it is very crucial that individuals understand the process and the rights they are guaranteed. That’s why your brother has to take his DUI charges in Owensboro, Kentucky very seriously.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction from another state nearly five years ago and I heard that my Kentucky driving privileges can be restored. How can I be able to renew my Kentucky driver’s license?

Zachary

Lexington-Fayette, KY

The state of Kentucky actually permits the re-issuance of driver’s licenses which had previously been suspended in other states under certain conditions such as a DUI conviction. If your driver’s license has been suspended or revoked in another state or if your Kentucky driving privileges have been suspended in another state, you may be issued and/or renew a Kentucky driver’s license under certain conditions. These conditions include:

-the conviction causing the suspension or revocation is more than five years
-the conviction is for a traffic offense other than a felony offense or a habitual violator offense
-the person has been a resident of Kentucky for at least five years prior to the date of application for issuance or renewal

The restrictions on the driver’s license include:

-the person may only drive in Kentucky and their license will be marked “Valid in Kentucky Only”
-the person will be required to sign a statement that he/she understands that he/she may be subject to arrest and detention if stopped by a law enforcement officer in another state while operating a motor vehicle on this Kentucky restricted license
-the license will not apply to Commercial Driver’s Licenses

Once you satisfy the requirements to have the suspension or revocation in another state lifted, you may apply for Kentucky unrestricted license.

Tags: drunk driving laws, DUI, DUI advice