Our First Time DUI Attorney in Kentucky Can Help Protect You from a Conviction.
Don’t face your first time DUI in Kentucky alone. Even if you feel you might be guilty and you just want to get it over with, this isn’t the time for that approach. A guilty plea can complicate your life in ways you may not know. Our DUI attorneys can help guide you through the process of a first time DUI and help minimize the effect it will have on your life and future
Most people believe that a first time DUI isn’t that serious. That isn’t accurate. Without trying to alarm you, here is a rundown of Kentucky law for a first time DUI in Kentucky.
Kentucky DUI Law
KRS 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 KRS 189A.1010, the Commonwealth must prove that the driver was under the influence of the offending substances.
Generally, upon a conviction of a first offense DUI in the Commonwealth, most judges impose a relatively standard and punishment of fine, service fee, license suspension, and substance abuse evaluation. However there are six “aggravating circumstances” which mandate minimum mandatory periods of incarceration.
If a person is convicted of a violation of KRS 189A.101(1)(A) to KRS 189A.1010(1)(D), while operating a motor vehicle then the aggravating circumstances will now apply to the sentencing process. The aggravating circumstances include:
- Operating a motor vehicle in excess of 30 miles per hour above the speed limit;
- Operating a motor vehicle in the wrong direction on a limited access road;
- Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
- 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;
- Refusing to submit to any tests of the operator’s breath or blood; or
- Transporting passengers under 12 years of age
Possible Kentucky first time DUI penalties:
- Imprisonment of 48 hours to 30 days
- Fine of $250.00 to $500.00
- 30 to 120 day license suspension
- 90 Days of Alcohol or Substance Abuse Program
The minimum periods of incarceration are doubled for aggravating circumstances and the service of the minimum time is mandatory.
A guilty plea leaves you vulnerable to all the above. However, our team of Kentucky DUI attorneys can help protect you. Our reputation and experience in the Kentucky courtroom helps us challenge the charge against you and if necessary negotiate for a reduced charge.
If you or someone you know has been charged with a first time DUI in Kentucky, give us a call at (859) 685-1021. We take your charge seriously so it will be less serious for you.
The Judicial Process for DUI
After pleading “Not Guilty,” there are several stages in criminal justice process. This process could take up to several months but our attorneys will be with you every step of the way, fighting for the best result possible.
Arraignment and Bond
Your initial hearing is called an Arraignment. At this stage is where you enter a plea of either guilty or not guilty. At the same time, the court will also address bond if requested by either the prosecutor or defense counsel. A bond in a criminal case is an assurance a defendant gives the state promising to come to court when instructed. Most times, the state requires more than just the defendant’s promise to come to court. When no money is required to back up the promise to come to court, the bond is called a personal recognizance bond.
Before trial, there may be one or several pretrial hearings or conferences. These court dates are set so discovery of evidence can be obtained and pretrial motions can be ruled on. Sometimes these are very administrative whereas others will involve the presentation of evidence in support or opposition of a motion. Our attorneys use these hearings to our advantage as a time to discover evidence not already presented, interpret the prosecutions strategy with the case and to push forward with additional negotiations with regard to evidence or sentencing. During this time, our attorneys can file motions to be heard by the court on an array of issues ranging from scheduling dates to trial to motions to suppress or dismiss evidence against you.
You can have either a jury or bench trial for your Kentucky DUI. A bench trial is where the Judge decides the issue alone based on the evidence presented and plays the role of jury. A jury trial on the other hand, is where members of the community are chosen and decide the case on the merits. Upon completion, you will either be found guilty or not guilty and sentenced accordingly if you are found guilty.
After trial, there are several motions and potential appeals that can be filed with the court. This can include an appeal to a Circuit Court or higher and can be based on incorrect decisions or interpretations of the law in the case. In addition, if you are found or plead guilty there will be several items filed with the court including your certificate of completion of the alcohol and drug education program and payments against court costs and fines.
A Kentucky DUI can be expunged 5 years after the completion of the sentence so long as you have no felony convictions, no convictions 5 years prior to the DUI charge and no other convictions during the 5 years after the DUI conviction. If you are found not guilty, our attorneys can assist you in getting the fact you were even charged with a crime off your record 60 days after the finding of not guilty.
It May be Your First DUI—It’s Not Ours
Suhre & Associates has a long and successful history of dealing with DUI charges in Kentucky. We know that many individuals are not guilty, no matter what the police officers or prosecutors say. We recognize the consequences that a conviction can have for even a first-time offence. Our familiarity with the law allows us to negotiate the dropping or reducing of charges for many clients that might otherwise have faced severe penalties.
Throughout the complex and intimidating criminal process, our attorneys can help you navigate the charges you are facing and come out with your life intact. Our attorneys will be there every step of the way to give you critical updates, explanations, and guidance. We are here to simplify the process so that our clients can understand what is happening in their case and participate actively in their own defense.
A first-time DUI charge isn’t something to take lightly. Call Suhre & Associates and speak with a defense attorney that can help.