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