Reader’s Question:

I know somebody who has been charged with DUI here in Owensboro, Kentucky. Can a police officer testify against him about his impairment?

Vernon

Owensboro, KY

In the state of Kentucky, the observation by a police officer of an individual’s behavior and appearance is actually considered to be sufficient for the police officer to express an opinion about the defendant’s ability to operate a motor vehicle safely and the degree of the defendant’s intoxication. This could be bad news for people accused of DUI who do not believe the police officer actually witnessed them driving under the influence. Nevertheless, a police officer could still testify against the person you know on his DUI case in Owensboro, Kentucky.

The state of Kentucky DUI statute says that it does not require proof of bad driving, but rather, only proof that the driver or the operator was under the influence of alcohol and/or any substance which impaired his/her ability to drive.

Tags: DUI, DUI advice, DUI lawyer