Defending Against A DUI Charge

If you have been arrested for driving under the influence of alcohol or other intoxicating substances, call the attorneys at Hoffman Walker & Knauf today. The DUI laws in Kentucky are complex. You need experienced attorneys to help you navigate the criminal justice system to obtain the best possible result for you. The Northern Kentucky criminal defense attorneys at Hoffman Walker & Knauf will help you determine whether you should prepare a defense against the charges you face or try to find an alternative method to minimize the damage that a DUI conviction could have on your employment and personal life.

Why Should I Hire A Criminal Defense Attorney?

Sometimes people accused of DUI believe that an attorney cannot help them since the BAC (Blood Alcohol Concentration) test showed they were over the legal limit. However, an experienced attorney can provide the following:

  • Alternative options as opposed to pleading guilty.
  • Obtaining a hardship license for you so you can drive back and forth to work.
  • Requesting proof of the evidence from the prosecutor.
  • A strong legal defense (such as an improper traffic stop or illegal search and seizure).
  • The ability to negotiate with the prosecutor on your behalf.
  • The benefit of knowing how each Judge usually operates and tailoring your defense as needed.

DUI Law – Persons Over 21

You can be charged with a DUI not only for alcohol, but also for taking medications such as Xanax, Adderall, Suboxone, pain medications, and other controlled substances.

The legal intoxication limit for persons over the age of 21 is .08% blood alcohol contact (BAC). The specific amount of BAC per drink depends on factors such as age, gender, body type, metabolism, and several other factors. In general, one standard drink will raise the average person’s BAC by at least 0.02%.

You can still be charged with a DUI if your BAC is between .05%-.08% The police will consider other evidence, such as your sobriety tests, to help determine whether or not they believe you should be charged. In this scenario, it is particularly helpful to have an experienced attorney represent your rights.

  • A standard drink is 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of liquor.
  • Having 3-4 drinks could make you over the legal limit, even if you do not feel intoxicated.

The police have two (2) hours after you have stopped operating a vehicle to perform a BAC test on you.

Penalties For DUI In Kentucky

Penalties for the conviction of driving under the influence can include:

  • First conviction:
    • Fines of $200 – $500, plus court costs
    • Jail time of 2 – 30 days
    • Community service
    • License suspension for 30 – 180 days
  • Second conviction:
    • Fine of $350 – $500, plus court costs
    • Jail time of 7 days – 6 months (greater if aggravated offense)
    • Community service for 10 days – 6 months
    • License suspension for 12 – 18 months
  • Third conviction:
    • Fines of $500 – $1,000
    • Jail time of 30 days – 1 year (greater if aggravated offense)
    • Community service for 10 days – 1 year
    • License suspension for 24 – 36 months

After the fourth conviction or more within five years, you can be charged with a Class D Felony, sentenced to more than 240 days in jail and have your license suspended for 60 months.

Underage DUI

The laws for persons under 21 are different, and having just one drink can lead to a DUI conviction and possibly a revocation of your license.

Let the experienced and caring attorneys of Hoffman Walker & Knauf help provide the best defense possible so we can minimize the disruption to your life and help you get back on track. Call 859-535-0264 or email us to schedule a consultation.

You can call our 24-hour criminal hotline at 859-535-0143.

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