If you are facing charges for Driving Under the Influence (DUI), Suhre & Associates, LLC, is ready to help you fight the charges. However, it is critical that you contact our law office at (859) 569-4014 for assistance immediately. Your first consultation with our Lexington DUI lawyers is free.
In addition to fear regarding the legal issues, you are likely feeling a great deal of humiliation. Our experienced lawyers understand that drunk driving arrests carry a certain stigma that makes it hard to reach out for help.
How Suhre & Associates, LLC Can Help if You are Facing DUI Charges in Lexington, Kentucky
You need a team of experienced, knowledgeable, and reliable Lexington criminal attorneys to help you fight drunk driving charges.
The legal team at Suhre & Associates has years of experience and knows criminal law through and through.
We have provided legal representation for countless DUI cases in Fayette County and beyond. Your image, your dignity, and your future are contingent on getting the most experienced and effective representation possible.
At Suhre & Associates, we strive to ensure that the prosecution treats our clients fairly and respects their Constitutional rights. No matter your previous criminal history, the circumstances surrounding your case, or additional charges incurred, we will fight for you. You can rest assured that we will take the necessary steps to ensure you get the strongest legal defense.
Among those steps are:
- Gathering and reviewing all evidence in your case. We examine the details of the incident, keeping an eye out for improper protocol by law enforcement, conflicting statements in police reports, or tainted blood, urine, or breathalyzer testing. All of these can weaken the validity of the prosecution’s accusations.
- Handling your Administrative License Suspension (ALS) hearing and working to keep you on the road.
- Depending on the severity, occurrence, or other factors in your case, we will fight to have the charges dropped, deferred, or reduced with a plea deal.
- We will be prepared to take your case to trial and represent you in court.
The legal system and court processes can be incredibly complex, which is why the results in your case will often depend on the competence and skill of your DUI defense attorney.
Our Lexington DUI attorneys work diligently to ensure that your future remains intact. At Suhre & Associates, LLC, we always keep in mind that you are innocent until proven guilty. We will do everything we can to demonstrate that the prosecution has not met its burden of proof.
What is DUI?
In a Driving Under the Influence charge, an individual is accused of operating any motorized vehicle while under the influence of any substance that may alter driving ability. “Motorized vehicle” includes, but is not limited to, automobiles, motorcycles, farm equipment, boats, or aircraft.
“Substance” refers to any substance that can change one’s perception of time, space, and cognitive thinking.
Other than alcohol, one can also be charged with a DUI for being under the influence of drugs (street or prescription), inhalants (such as gasoline or aerosol misuse), or any other substance that may alter one’s ability to drive safely.
The definition of over the limit for a DUI is determined by one’s age and other factors. For an individual over the age 21 who is not a commercial driver, the legal limit in Kentucky is .08.
Being charged with DUI is a stressful and humbling experience.
- In 2014, Kentucky experienced 4,300 alcohol-related automobile accidents, resulting in over 2,000 injuries and 113 fatalities.
- Also in 2014, there were over 1,400 drug-related collisions that resulted in 939 injuries and 41 fatalities.
- According to data from the National Safety Council (NSC), in 2018 89% of DUI-related accidents occurred during ideal weather, 69% occurred at night, and 34% of all DUIs occurred in residential neighborhoods.
If you’ve been charged with a DUI in Lexington, waste no time in getting help. Call our law office to get a head start on your defense today.
Penalties for DUI in Kentucky
The penalties of a DUI conviction in Kentucky can be significant, including the loss of your driver’s license, hefty fines, jail time, mandatory substance abuse programs, and ignition interlock programs.
If you have been convicted of DUI in the past, or your DUI had aggravating factors (such as speeding or driving with children in the vehicle), you could even be prosecuted on felony charges.
The severity of penalties is determined by a number of factors, including:
- Reckless driving and/or speeding
- Number of previous DUI offenses
- Injury or death of another individual as a result of DUI
- Operating vehicle in the wrong direction on a limited-access highway
- Additional factors regarding the case, including wanton endangerment of a child
- Refusing a Blood Alcohol Content test
Kentucky is also notorious for over-sentencing individuals with a criminal history, even if their history does not involve a DUI conviction.
Penalties Based On Number of Offenses
If you are convicted of a DUI, you can be penalized harshly in Lexington, KY. Having an experienced attorney to represent you in court can help you avoid these penalties. Subsequent offenses are valid within a ten-year period.
- First Offense: For your first DUI offense your license can be suspended for 6 months, fined up to $500, and fees can also be mandatory. You could also face a jail sentence of 48 hours to thirty days in jail.
- Second Offense: Second offense of a DUI results in an 18-month suspension of your driver’s license. Fines are the same as with the first offense, but you could face up to six months in jail.
- Third Offense: After a third offense in a ten year period, you could face a three-year suspension of your driver’s license. Fines also double and can be up to $1000 plus fees. This offense can mean facing up to a one-year jail sentence.
- Fourth Offense: A fourth DUI offense, and any subsequent offense, becomes a felony DUI charge. This is a serious conviction that carries a five-year suspension of your driver’s license. If convicted, you may face mandatory jail sentencing of 120 days.
Driving on a suspended license is a Class B misdemeanor that can carry up to six months in jails and thousands in fines. If you need a license for work or other reasons the judge sees fit, you can apply for a hardship license.
There are several factors surrounding DUI charges in Kentucky that affect penalties you can face.
Aggravating factors include:
- BAC equals or exceeds .15 percent
- Driving recklessly (e.g., speeding, against the flow of traffic)
- Driving with children 12 or under in the vehicle.
If you are convicted of aggravated circumstances, the minimum jail sentence is doubled and can also result in serious felony charges.
Kentucky Ignition Interlock Program
There are alternatives that can reduce sentencing and penalties if a plea must be taken. The Kentucky Ignition Interlock Program (KIIP) allows those who are convicted of a DUI to incur a lesser penalty if they implement the use of and adhere to an ignition interlock device in their vehicle. There are stipulations to the use of these devices and one must adhere to all rules or their driving privileges will be revoked.
These rules include taking random breath tests inside the vehicle and having regular maintenance including calibration, repair, and inspection performed on the device at a provider. Hiding, altering, or attempting to manipulate the breath test are serious violations.
Exceptions to Blood Alcohol Content
The law in Kentucky for a DUI charge is a blood alcohol content (BAC) of .08 percent. There are exceptions to this standard.
Those who are under the legal drinking age of 21 are subject to a no-tolerance rule and can be charged with a DUI with a BAC level of only .02 percent. In addition to this provision, those who work as commercial drivers can be charged with a DUI if their blood alcohol level is a mere .04, half of the legal limit.
Defenses in DUI Cases
If the police did not follow proper protocol testing, your breath or blood test was inconclusive, or the police report is contradictory, we can build off of this doubt. Such doubts in your accusations could possibly result in dropped charges.
There are also situations in which a DUI was not committed with any reckless intent. Rather, sometimes circumstances simply require that we get behind the wheel after a few drinks to protect yourself. For example, if you were escaping a violent situation or were otherwise in fear of bodily harm, then your actions may be justifiable. We will evaluate your case and build the most effective legal strategy to help beat these charges.
Contact a Lexington DUI Lawyer Today
If you are facing DUI charges it is imperative that you contact a Lexington DUI lawyer at Suhre & Associates, LLC, as soon as possible. Do not let one mistake ruin your future. Let us protect and defend your future, your career, and your family.
Contact us today to speak with our non-judgmental and compassionate legal team. Your initial consultation is absolutely free, so you have nothing to lose by giving us a call.