DUI Blood Alcohol Test Louisville Kentucky KY
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
DUI Defenses Owensboro Kentucky KY
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
DUI Arrest Lexington-Fayette Kentucky KY
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
DUI Hand Pat Test Fayette Kentucky KY
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
Louisville Kentucky DUI Breath Test KY
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
Lexington-Fayette KY DUI Suppression Motion
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
Owensboro Kentucky DUI Offense
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
Kentucky DUI Restricted Driver’s License
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
Fayette Kentucky DUI Arrest
Reader’s Question:
I feel like there is no really use for me to fight for my DUI charge here in Fayette, Kentucky because I know they have a very strong case against me. Is it true that my DUI charge may be as good as automatic conviction?
Finn
Fayette, KY
Even in this modern times, the old adage “innocent until proven guilty” still holds true. So don’t lose hope for you can still fight your way out of your DUI charge in Fayette, Kentucky. The police and the prosecution have the ultimate constitutional burden to prove guilt beyond a reasonable doubt; you don’t have to prove your innocence.
In a DUI case, the prosecution is obligated, among other things, to supply the defense with every relevant document and all relevant information in the State’s possession (State Agencies, Police and State Employees) related to the DUI charge. This is commonly referred to “discovery.” The Court should see to it that you are given a fair and speedy trial consistent with the US and Kentucky Constitutions. These are just several important constitutional safeguards which, if neglected by the State, may provide defense issues.
Tags: drunk driving laws, DUI, DUI advice, DUI lawyer
Louisville Kentucky DUI Lawyer
Reader’s Question:
I’m trying to find a good DUI lawyer here in Louisville, Kentucky who would help me in my DUI case and I am starting my search over the internet. Could you tell me the things that I should be careful about in finding a lawyer online?
Blake
Louisville, KY
If you are trying to find a DUI lawyer online to represent you on your DUI case in Louisville, Kentucky, first of all, you have to be careful about those bogus referral websites. There are those lawyer referral websites all over the internet which are set up to create the impression that just because a DUI lawyer is affiliated with them, they must be really good or the best. Be careful about that because many of these companies contact every DUI lawyer that they can and whoever pays them gets the link or the site.
If a particular website is claiming to be an “association” or other fancy sounding title, you have to think who accredits that website or firm as an association. If the answer is not readily apparent from that website, you could be on to something. If you are in doubt, you can contact the State Bar and you could ask if they sanction or recognize the association claimed in that particular website.
Tags: DUI, DUI advice, DUI lawyer