DUI Defense

Our Lexington DUI Lawyers are on Your Side.

Recently, Bloomberg Businessweek ranked Lexington as the best place in the country to live. Anxious to maintain and improve upon this image, the justice system seeks to keep the streets of Lexington safe by strictly enforcing DUI laws.

Being charged with a DUI in Lexington can be intimidating. If you are like many of our clients, you have never been in trouble. You are an upstanding citizen who may have made an error in judgment. You are not a criminal. We understand and we’re here to help.

Taking care of what matters most.

Our first priority is you. We discuss your case with you and together we determine the best defense for your situation. We take into consideration what you need and what you want.

Most people who get DUI’s are not criminals, and we don’t treat you as such.  We work and communicate with you every step of the way.  Through communication we can limit any anxiety you have about the DUI you are facing.   Whether it is by email, text, or telephone, we are there for you with quick responses when it is convenient for your schedule.  Our attorneys are your partners to get you through this difficult time.

Kentucky DUI Law

Kentucky Revised Statute 189A.010(1), prohibits driving under the influence of alcohol or any other substance or combination of substances (DUI) or with a certain concentration of alcohol.  To sustain a conviction under Kentucky Revised Statute, the Commonwealth must prove that the driver was under the influence of the offending substances.  Upon a conviction of a first offense DUI in the Commonwealth, most judges impose a relatively standard punishment of fines and imprisonment, service fee, license suspension, and substance abuse evaluation.

However, there are six “aggravating circumstances” which mandate minimum mandatory periods of incarceration, which include:

  1. Operating a motor vehicle in excess of 30 miles per hour above the speed limit;
  2. Operating a motor vehicle in the wrong direction on a limited access road;
  3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  4. Operating a motor vehicle with the alcohol concentration in the operator’s breath or blood is .15 or more as measured by a test or sample of the operator’s blood;
  5. Refusing to submit to any tests of the operator’s breath or blood; or
  6. Transporting passengers under 12 years of age.

The minimum periods of incarceration are doubled for aggravating circumstances and the service of the minimum time is mandatory.  Determining which offense number is based on how many convictions for DUI that person has had within the past five years.  Below are the potential penalties for a DUI conviction in Kentucky:

First Offense

  • $200 – 500 Fine
  • 2 to 30 Days in Jail
  • 90 Days of Alcohol or Substance Abuse Program
  • 30 to 120 Day License Suspension
  • Possible 48 Hours – 30 Days Community Labor

Second Offense

  • $350-500 Fine
  • 7 Days – 6 Months in Jail
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 12 to 18 Month License Suspension
  • 10 Days-6 Months Community Labor

Third Offense

  • $500 – 1,000 Fine
  • 30 Days-12 Months Jail
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 24 to 36 Month License Suspension
  • 10 Days-12 Months Community Labor

Fourth Offense

  • Class D Felony
  • Minimum Term 120 Days Imprisonment Without Probation
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 60 Month License Suspension

The facts of your case and your past criminal history will also impact the sentence you will receive.  Our attorneys can help minimize the bad and emphasize the good things about you to ensure you receive a lower sentence.

License Suspension

In Kentucky, if you are convicted of DUI, your license will suspended in the range depending on the number of offenses as authorized by Kentucky Statute

First Offense: 30 to 120 days Second Offense: 12 to 18 months
Third Offense: 24 to 36 months Fourth Offense: 60 months (5 years) 

However, the court may issue a pretrial suspension at your arraignment (first appearance in court) upon a plea of not guilty.  Any pretrial license suspension is typically credited to your license suspension if you are found guilty, enter a plea agreement, or your suspended for a refusal suspension only.  Kentucky statute requires a pretrial suspension of your license for the duration of the case when either:

  1. There is a refusal of breath, blood, or urine test;
  2. Had a prior DUI within the past 5 years;
  3. Had a license suspension in the past five years for refusing a breath, blood, or urine test; or
  4. Was involved in an accident that caused death or serious physical injury.

Our attorneys can challenge or minimize any suspension through judicial hearings on the license suspension.  If the officer did not complete one of several steps, a pretrial license suspension can be dismissed.

Our Lexington DUI Lawyers will fight for your future.

Suhre & Associates has the experience needed to help you with your Kentucky DUI.  Without an experienced DUI lawyer, a DUI charge can negatively affect your future opportunities and prospects. Our main objective is to avoid this possibility by finding your best defense.

Defending a DUI case involves a mixture of investigation, development of a defense against an opinion of the arresting officer, and defense against a blood alcohol test or refusal.  Even if you tested over the “legal limit,” you can still win your DUI case. There are many defenses available to clients who are alleged to have a test result over the legal limit.

We explore weaknesses in the case against you that could lead to dismissal or acquittal. When this isn’t possible, we work with the prosecution to negotiate a reduced charge to minimize the impact of a DUI on your record.

If you have been arrested for a DUI in Kentucky, our attorneys are here to stand with you and help you through this difficult time. Give us a call right now. Our reputation and experience with the Kentucky courts allow us to win or negotiate the best outcome for you.

Learn more about other common DUI cases:
Prescription Drug DUI

DUI Case

A Relieved Client

“Mr. Dan Carman provided me legal representation after the sudden death of my longtime friend and legal counsel, Gatewood Galbriath. Mr. Carman took my case, and followed in the steps of Gatewood. His knowledge of the law is exceptional. I have been through multi-million dollar legal cases, with some of the foremost attorneys in the U.S., and Mr. Carman could hold his on with the best. I highly recommend him to anyone with a legal problem, no matter how large or small.”

DUI Case

A Grateful Client

“Dan knew how he would represent me as soon as I contacted him with my case. I was very fortunate to have found Dan…he knew exactly what he was going to do to handle my situation. Mr. Carman is very distinguished in his law practice and was able to minimize my court appearances, upon dismissal of my charges he also followed through with all other necessary documentation to relinquish my record. With my experience, Mr. Carman will do what is necessary to insure his clients success and I would certainly recommend Dan ‘the man’ Carman.”