If you’re dealing with DUI charges in Lexington, KY, having a knowledgeable DUI arraignment lawyer on your side can make all the difference. Fortunately, we’re here to help you. Our depth of expertise and tailored approach will ensure that your rights are protected. With over 100 years of combined experience practicing law, we can say that we’ve almost seen it all.
The arraignment is the first hearing you will face after your arrest, and the importance of it is often overlooked by attorneys and clients. Let us help you. If you’ve been arrested for a DUI in Lexington, Kentucky, contact Suhre & Associates, LLC, to schedule a free consultation with an experienced Lexington DUI arraignment lawyer, call us at (859) 569-4014.
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How Suhre & Associates Can Help With Your DUI Arraignment Hearing in Lexington
When arrested for DUI charges in Lexington, we can take several strategic measures to help you during your DUI arraignment. Here are a few specifics our Lexington criminal defense lawyers will take:
- Document Review: We will closely examine your arrest documentation for any discrepancies or errors that could potentially weaken the prosecution’s case against you.
- Arraignment Advice: During arraignment, you will be directed to enter a plea for your case. We can explain the options and advise you on what we think is best.
- Negotiating Bond: If applicable, we can assist in negotiating bond terms to ensure you can afford to get out of jail and fight your case from home.
- Negotiations for Your Case: We will also take active steps in negotiating a plea bargain with the prosecutor to see if there’s a way to resolve the case without going to trial. This can lead to reduced penalties and charges.
- Emotional Support: Legal battles are often stressful and exhausting, and the added factor of not fully understanding the legal process can just exacerbate that. We will be by your side from start to finish to explain the process to you and to listen to your concerns.
If you need help after a DUI arrest in Lexington, Kentucky, we’re here for you. Contact Suhre & Associates, LLC, to schedule a free consultation with a trusted Lexington DUI attorney.
Overview of DUI Arraignment in Kentucky
At a DUI arraignment hearing in Lexington, Kentucky, you’ll be served formal notice of the charges that are being brought against you. It’s at this hearing that you will be instructed to enter a plea of guilty or not guilty. Additionally, the issue of bond will be addressed.
While this hearing may not sound nearly as important as a trial, it’s a crucial stage in your case, and having an experienced criminal defense attorney by your side is essential. They will help you understand the potential consequences of the charges against you and will advise you on your plea.
They will argue bond so you can be released from jail by paying the least amount of money possible or potentially by not paying anything at all.
Potential License Suspension at Arraignment Hearing
In Kentucky, certain conditions trigger an immediate pretrial suspension of your driver’s license at the arraignment hearing.
These specific instances include refusal to provide breath, blood, or urine tests requested by law enforcement, a prior DUI conviction within the last 5 years, a previous license suspension due to a refusal of a chemical test within the last 5 years, or involvement in an accident resulting in severe bodily harm.
What Are the Penalties for DUI Convictions in Lexington, Kentucky?
Driving under the influence (DUI) convictions in Lexington, Kentucky, come with serious penalties:
For first-time offenders, a conviction carries between 2 and 30 days in jail, a fine ranging between $200 and $500, and mandatory participation in an alcohol or substance abuse program, typically lasting around 90 days.
Additionally, expect a license suspension for 6 months alongside possible community service mandates for up to 30 days.
If convicted of a second DUI, the penalties become even more severe. You face between 7 days and 6 months in jail, fines between $350 and $700, 1 year of alcohol or substance abuse treatment, a license suspension for 18 months, and up to 6 months of community service participation.
For a third DUI charge, expect to face at least 30 days in jail, up to one year. You are also looking at a fine between $500 and $1,000, required attendance in an alcohol or substance abuse treatment program lasting one year, and a driver’s license suspension of 3 years. You will also be required to participate in one year of community service.
A fourth DUI is a class D felony and brings serious consequences, such as a minimum jail sentence of 120 days (and a maximum of five years) accompanied by a five-year suspension of your driving privileges. You also face a mandatory one-year enrolment in an alcohol and drug treatment program.
It’s clear that with each subsequent offense, the penalties get harsher. If you need help, it’s important to work with an experienced Lexington DUI defense lawyer.
What Defenses Can Be Raised if I’m Arrested for DUI in Lexington?
If you’ve been arrested for driving under the influence (DUI), your defense attorney can raise several pertinent arguments to defend you. Some of the most common include the following:
You Were Not Actually Intoxicated
Medical or other reasons could explain symptoms mistaken for intoxication. For example, certain medications might cause dizziness and slurred speech. A diabetic who has low blood sugar may slur their words and appear out of it, as another potential example.
Skillful attorneys can present medical records along with expert witness testimony to try to poke holes in the prosecutor’s claims that you were driving under the influence.
The Rising Alcohol Defense
This defense questions the timing between consumption and peak blood alcohol levels. If you drank just before you got in the car but weren’t drunk while driving, it’s possible that your blood alcohol content only rose above the legal limit when you stopped driving and were being subjected to a chemical test. This argument puts forth that you were technically not over the limit when you were driving.
This defense argues that law enforcement lacked proper cause when they pulled you over for the initial stop. For traffic stops to be valid, they must be based on credible evidence suggesting you violated traffic or vehicle regulations.
If the stop was unlawful, your attorney can file a motion to suppress any evidence that was recovered after the stop occurred, such as observations made, chemical test results, and statements you made.
You Were Not Driving
This defense is simple enough – presenting evidence that you weren’t driving and, therefore, cannot be guilty of driving under the influence.
For example, if the police show up to an accident scene and see multiple people wandering around the streets, they cannot say definitively who was driving, especially if the cars involved in the accident also had passengers.
Alternatively, if you are caught sleeping it off in the car, an officer may accuse you of driving and then passing out. Your attorney can possibly present evidence that you were simply in the car to sober up and that you never operated the vehicle.
Schedule a Free Case Evaluation With Our Lexington DUI Arraignment Lawyers
Facing a DUI charge in Lexington, Kentucky, can be a nerve-wracking ordeal. Fortunately, you don’t need to navigate it alone. With the looming uncertainties, having professional help is essential. If you need help with a DUI charge or any other criminal matter, we’re here for you. Contact Suhre & Associates, LLC, to schedule a free case review with a Lexington DUI arraignment attorney.