Lexington Restraining Order Lawyer

Were you recently arrested for drunk driving in Lexington, Kentucky? Then you owe it to yourself to take steps to stop the prosecutor from convicting you and sending you to jail or suspending your license. Get in touch with a knowledgeable Lexington DUI lawyer from Oakley & Oakley, LLC, to begin your legal battle.

Why You Should Hire Oakley & Oakley, LLC After a DUI Arrest in Lexington, KY

Having a knowledgeable Lexington criminal defense lawyer from Oakley & Oakley, LLC, represent you in your DUI case is an excellent way to make it as challenging as possible for the state to convict you. We will defend you against your criminal charge by:

  • Fighting tirelessly to bail you out of jail, if necessary
  • Protecting your constitutional rights
  • Helping you to understand Kentucky’s complex court processes
  • Looking for evidence that may convince a jury to acquit you
  • Offering you sound legal advice and guidance as needed
  • Providing you with an overview of the Kentucky justice system
  • Devising an effective defense strategy for your drunk driving case
  • Filing legal documents with the court on your behalf
  • Launching an investigation into the actions of the arresting officer
  • Consulting with relevant experts about your BAC test results
  • Answering any questions you might have about the legal process
  • Negotiating a plea agreement with the state prosecutor
  • Representing you in court, if necessary

Are you ready to have one of our experienced criminal defense attorneys help you fight back against your Kentucky DUI charge? If so, please give us a call today to arrange a free consultation at our Lexington law offices. We have been working on cases like yours for years, and we are ready to stand up for you.

An Overview of Kentucky’s Drunk Driving Laws

Section 189A.010 of the Kentucky Revised Code says that it is illegal for a driver to “operate or be in physical control of a motor vehicle anywhere in this state” while they:

  • Are actively under the influence of alcohol
  • Have a blood alcohol concentration (BAC) in excess of 0.08 percent
  • Are under the age of 21 and have a blood alcohol concentration (BAC) in excess of 0.02 percent, or
  • Are actively under the influence of a controlled substance

In Kentucky, motorists do not need to be driving to face DUI charges. The law says that they need only be in “physical control” of their vehicle to get arrested for this offense.

Lexington police officers regularly arrest drivers for having alcohol in their systems while:

  • Sitting in the driver’s seat of a parked vehicle
  • Looking under the hood of a broken-down car
  • Standing next to a damaged vehicle after a crash

The term “physical control” is not well defined in Kentucky criminal law. As such, police officers in the city of Lexington can potentially charge almost anybody who interacts with a car or SUV while they have an elevated BAC with drunk driving.

How Do Lexington Law Enforcement Officers Test a Motorist’s BAC?

Lexington law enforcement officers have a variety of tools they can use to test a suspected drunk driver’s blood alcohol concentration, such as:

  • A breath test
  • A blood test, or
  • A urine test

Officers can perform a breathalyzer test on the side of the road. However, if they want a suspect to undergo blood or urine testing, they have to take them to an authorized lab.

This distinction is significant because Kentucky law specifies that officers have to conduct BAC tests within two hours of the “cessation of operation or physical control of a motor vehicle.” Results gathered after this window closes are almost always inadmissible in court.

Do Lexington Drivers Have the Right to Refuse a BAC Test?

Drivers in Kentucky have the right to refuse to take a BAC test. However, if they decide to do so, the state can automatically suspend their license for up to six months.

This penalty exists because the state of Kentucky has an implied consent law. According to this statute, motorists automatically give police officers permission to put them through chemical testing every time they drive on a public roadway.

The criminal defense attorneys at our firm are well versed in every aspect of Kentucky DUI law. So, if you are facing allegations of driving under the influence of alcohol, please do not hesitate to pick up the phone and give us a call. We offer free consultations and are always ready to provide you with the legal representation you require.

Punishments for DUI Convictions in the State of Kentucky

To criminal penalties for drunk driving convictions in the state of Kentucky depend on the number of times the person has committed the same crime in the past ten years:

First Offense

The possible criminal penalties for a first DUI conviction in Kentucky are:

  • Between two and 30 days in county jail
  • A fine of at between $200 and $500
  • A driver’s license suspension of six months
  • Court-ordered community labor of between two and 30 days, and
  • Court-ordered admission to a 90-day alcohol abuse program

First-time DUI offenders also receive permanent criminal records.

Second Offense

When judges convict Lexington drivers of DUI for the second time in ten years, they may dole out the following penalties:

  • Between seven days and six months in county jail
  • A fine of at between $350 and $500
  • A driver’s license suspension of 18 months
  • Court-ordered community labor of between ten days and six months, and
  • Court-ordered admission to a one-year alcohol abuse program

Judges often give harsher penalties to drivers whose BAC tests show that they were well above the legal limit.

Third Offense

When Lexington residents drive under the influence for a third time in ten years, they may face the following punishments:

  • Between 30 days and 12 months in county jail
  • A fine of at between $500 and $1,000
  • A driver’s license suspension of 36 months
  • Court-ordered community labor of between ten days and 12 months, and
  • Court-ordered admission to a one-year alcohol abuse program

This offense is a Class A misdemeanor in the state of Kentucky.

Fourth Offense

The penalties doled out to motorists who drive under the influence for the fourth time in ten years include:

  • At least 120 days in state prison – without the possibility of parole
  • A driver’s license suspension of 60 months
  • Court-ordered admission to a one-year alcohol abuse program

The state of Kentucky classifies this crime as a felony.

Do you want a knowledgeable DUI attorney from our law firm to help you fight to avoid the negative consequences of drunk driving convictions? If so, please give us a call today to arrange a free initial consultation with a member of our seasoned legal team. We have been handling these types of cases for years, and we are ready to go to battle for you.

Defenses Against Kentucky DUI Charges

A DUI arrest can come as quite a shock to Lexington residents. However, a charge of this nature does not necessarily have to become a conviction.

Arrestees can frequently get their drunk driving charges reduced or even dismissed by using one of the following defense strategies:

Illegal Traffic Stop

Police officers in the state of Kentucky may only pull a driver over if they have reasonable suspicion that they are committing a criminal offense or have recently engaged in unlawful activity. When a defense attorney can prove that law enforcement did not have a valid reason to pull their client over, they can usually get their case dismissed.

Necessity

In emergency situations, Lexington drivers sometimes need to get behind the wheel of their car and go to a hospital or urgent care facility after they have had a couple of drinks. When a lawyer explains these circumstances, they can often get their client’s charges reduced.

Improper BAC Test Administration

When administering a breathalyzer test on the side of the road, the police must follow a detailed set of processes and procedures. When they fail to do so, seasoned lawyers can often get the results of the test suppressed. Without this essential piece of evidence, prosecutors tend to have a hard time landing a conviction.

Inaccurate BAC Test Results

When police officers follow their processes and procedures to a tee, there is still no guarantee that the results of a driver’s BAC test will be accurate. If a seasoned defense attorney can prove that the testing equipment was broken or defective, they can often convince the jury to acquit their client.

Oakley & Oakley, LLC, represents clients facing DUI charges on a regular basis. As such, our lawyers know which of these defense strategies work and which ones do not. To have our legal team help you choose the right option for your case, all you have to do is give us a call.

Your Knowledgeable Lexington DUI Lawyer

Do you need a seasoned Lexington DUI lawyer to defend you against the accusations of the state of Kentucky? If so, please reach out to Oakley & Oakley, LLC, as soon as possible. Our team has the legal experience and statutory knowledge necessary to handle your case with the attention it deserves.