When facing a driving under the influence (DUI) charge in Georgetown, KY, the journey ahead can seem hopeless. However, having an experienced local attorney on your side can provide significant help and peace of mind. With more than 100 years of combined experience, our Georgetown DUI lawyers can help you navigate your case and defend you every step of the way.
If you need help with a DUI or related charge in Georgetown, Kentucky, contact today online Suhre & Associates, LLC, or call (185)-930-98550 to schedule a free consultation. We’re ready to help as soon as you are.
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How Suhre & Associates, LLC, Can Help if You’re Arrested for DUI in Georgetown
Facing a DUI in Georgetown, Kentucky, is a stressful event that can throw your life into uncertainty. You don’t have to face this ordeal alone, though. With experienced Georgetown criminal defense lawyers on your side, you will be guided through each step of the process. Here’s how we can help you:
Investigate The Arrest
Our firm will analyze every aspect of your encounter with law enforcement to ensure there were no violations in procedures or protocol. If violations occurred, we will take appropriate steps – for example, filing a motion to suppress to have evidence excluded.
Performing a thorough investigation of your case, examining police reports and physical evidence, and speaking with witnesses are essential aspects of our job as we gather all necessary information to support your defense.
Build a Defense Strategy
Based on our investigation and deep understanding of criminal law, we will protect you by building a strategic defense to the charges against you.
Negotiate Plea Agreements
If it is in your best interests, we will negotiate a plea agreement with the prosecutor that may reduce charges or lessen penalties.
Represent you at Trial
Our attorneys will represent you confidently in court, presenting persuasive arguments, skillfully cross-examining witnesses, and ensuring your rights are protected throughout every stage of the trial.
It’s important to note that being arrested is not synonymous with being guilty. You have rights, and our team is here to ensure those rights are recognized and protected. If you need help with a DUI arrest in Georgetown, contact our criminal defense law firm today to get started.
Overview of DUI Charges in Kentucky
In Kentucky, laws concerning Driving Under the Influence (DUIs) are quite clear and strict, designed to ensure public safety on roads across the state. The following is a general overview of the DUI laws in Kentucky:
A driver may not operate a motor vehicle if they have a Blood Alcohol Content (BAC) of .08% or higher.
Under the Influence of Alcohol or Controlled Substances
Regardless of their exact BAC level, drivers should not be under the influence such that their cognitive and/or driving abilities become noticeably impaired.
Similar restrictions apply to driving while under the influence of any other substances, whether these are legal prescription medications or illegal drugs. You may not drive while impaired by a substance or combination of substances.
Detectable Levels in Blood
The presence of any controlled substance in your blood, irrespective of whether this impacts your immediate faculties, can result in DUI charges.
Drivers Under 21
Drivers under 21 can be convicted of a DUI if their BAC is .02% or higher (taken within 2 hours after they stopped driving the vehicle).
Kentucky Has an Implied Consent Law – What That Means for You
In Kentucky, the law requires drivers arrested for DUI to undergo chemical testing. When you attain your driver’s license, you’re bound by the rules of implied consent – you’re accepting this obligation as a condition of earning your right to operate vehicles on public roadways.
If you refuse a requested chemical test, it will result in an automatic suspension of your driver’s license.
Additionally, if you are a repeat offender or have had prior license suspensions in the last 10 years, you will have your driver’s license automatically suspended upon arrest for a DUI.
Finally, if you’re involved in an accident that seriously injures or kills someone when arrested for DUI, your driver’s license will be immediately suspended.
However, keep in mind that the arresting officer must have reasonable grounds to believe you were driving under the influence. An experienced attorney may be able to defend you effectively even if you took a chemical test and it returned a result higher than the legal limit.
What Are the Penalties for DUI Convictions in Georgetown, Kentucky?
Kentucky takes DUI offenses seriously, and the penalties increase in severity based on whether it’s a first offense or subsequent ones over a 10-year look-back period.
A first-offense DUI is usually a misdemeanor and typically carries the following penalties:
- Between 48 hours and 30 days in jail
- A fine of between $200 to $500
- Mandatory participation in a 90-day treatment program for alcohol or substance abuse
- Revocation of your driver’s license for 30-120 days
The required jail term becomes a mandatory 4 days if certain aggravating factors are present, such as excessive speeding, causing an injury, refusing chemical testing, having a passenger under 12 years old in the vehicle with you, or having a BAC of .15% or higher.
For a second offense, you face the following penalties:
- Between 7 days and six months in jail
- Fines increase to between $350 and $500
- One year of a treatment program
- License suspension for up to 18 months
Additionally, if your second offense involves any of the aforementioned aggravating factors, you’ll face a mandatory 2 weeks in jail.
A third DUI offense in 10 years typically carries:
- Between 30 days and 1 year in jail
- Fine between $500 and $1,000
- Driver’s license revocation for up to 3 years
- Mandatory participation in a one-year substance abuse program
- At least thirty days, and possibly up to one year, of community service
These penalties increase if any of the aforementioned aggravating factors are present. This would bring your mandatory minimum prison sentence to 60 days.
Fourth or Subsequent Offenses
A fourth or subsequent conviction for a DUI is a Class D Felony carrying severe repercussions:
- 1 to 5 years imprisonment, minimum 120 days if the judge grants probation
- One-year treatment program,
- License revocation of 36 months
If aggravating factors are present, the minimum term of imprisonment will be 240 days.
What Defenses Can Be Raised if I’m Arrested for DUI in Georgetown, Kentucky?
If you’ve been arrested for DUI, it’s understandably an overwhelming situation. Fortunately, there are a variety of defenses that may be applicable:
Not Under the Influence
One common defense is asserting you were not under the influence of alcohol or drugs when pulled over by the police. The burden of proof falls on the prosecution to prove otherwise beyond a reasonable doubt.
Your attorney can present evidence on your behalf, including eyewitness testimony from yourself or other passengers who can confirm your sobriety, video footage, or evidence showing a lack of chemical testing.
Not Driving or in Control of Vehicle
If you were not driving or in control of the vehicle at the time of your arrest, you may have reason to dispute a DUI charge. Here’s how you might do this:
Show You Were Sleeping in a Parked Car
A good lawyer can provide an effective defense by pointing out that your car was parked legally and safely at the time officers found you.
The positioning and status of your car are important here; for instance, if it was off-road or in a designated parking spot without any indicators that it had been recently moved, this would help your claim.
Keys Not In Ignition
Another essential point to bolster this argument is that the key was not actually in the ignition during police contact. If this is the case, it can be argued convincingly that you genuinely had no intention whatsoever to operate a motor vehicle while under the influence.
Motion To Suppress
This strategy involves identifying flaws or errors in the officers’ procedures, like not giving you a Miranda warning, performing an illegal traffic stop, or failing to administer a breathalyzer test in time (within 2 hours).
A successful motion to suppress will require your attorney to thoroughly examine all details of the arrest procedure and laws governing DUI arrests. If they can show that mistakes were made, it may be possible to have evidence excluded from trial, which could weaken or destroy the case against you.
Rising Blood Alcohol Defense
This argument is that your blood alcohol level was below the legal limit while driving but rose between the time you were stopped and when the alcohol testing was done. To prove this claim, your lawyer may use scientific evidence that demonstrates how long it took for alcohol to make its way into your bloodstream and show a delay in chemical testing.
Remember to always consult with an experienced DUI attorney who can analyze every aspect of your case to formulate relevant defenses.
Schedule a Free Case Evaluation With Our Georgetown DUI Lawyers
Facing a DUI charge is a serious situation, as it has implications not only for your freedom and driving privileges but also for future employment opportunities and even personal relationships.
Don’t take chances when it comes to such high-stakes matters – get in touch with an experienced DUI defense attorney as soon as possible. We’re here for you. Contact Suhre & Associates, LLC, to schedule a free consultation with a trusted Georgetown DUI lawyer.
Local Sheriff Department
- Scott County Sheriff – 120 N Hamilton St, Georgetown, KY 40324, United States
- Fayette Sheriff’s Office – 150 N Limestone #265, Lexington, KY 40507, United States
- Woodford County Sheriff – 103 S Main St, Versailles, KY 40383, United States
- Scott County Jail – 130 Court St, Georgetown, KY 40324, United States
- Blackburn Correctional Complex – 3111 Spurr Rd, Lexington, KY 40511, United States
- FMC Lexington – 3301 Leestown Rd, Lexington, KY 40511, United States
*Disclaimer – we do not endorse these com
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