DUI Defense in Kentucky: Protecting Your Rights and Challenging the Evidence
Understanding DUI Laws in Kentucky
Driving under the influence (DUI) is a serious offense in Kentucky, but being charged does not mean you are automatically guilty. Kentucky law provides clear standards for testing, defendants' rights, and legal defenses, which can be leveraged to challenge the charges and protect your future.
Legal Limits and Presumptions
Under Kentucky law (KRS 189A.010), the legal limits for blood alcohol concentration (BAC) are:
0.08% for drivers aged 21 and older.
0.04% for commercial drivers.
0.02% for drivers under 21 (referred to as "Kiddie DUIs").
If your BAC exceeds these limits, there is a legal presumption that you were under the influence. However, these results are not always accurate, and the presumption can be rebutted with a strong defense.
Requirements for Administering Breath Tests
Kentucky law distinguishes between portable breath tests (PBTs) administered roadside and intoxilyzer tests conducted at the station. Both types of tests play a role in DUI cases, but they have different purposes and evidentiary value.
Portable Breath Test (PBT):
Purpose: Used by officers during a traffic stop to establish probable cause for an arrest.
Limitations: PBT results are not admissible as evidence of intoxication in court because these devices are less accurate and not subject to the strict maintenance and calibration requirements of the intoxilyzer.
Voluntary Nature: Drivers are not required to submit to a PBT, and refusal does not result in penalties under Kentucky’s implied consent laws.
Intoxilyzer Test at the Station:
Purpose: Provides admissible evidence of blood alcohol concentration (BAC) for court proceedings.
Strict Requirements: Officers must comply with Kentucky’s Standard Operating Procedures (SOPs) to ensure the test is accurate and reliable:
Observation Period: A 20-minute observation period must occur before the test, during which the subject cannot eat, drink, smoke, or regurgitate.
Device Calibration: The intoxilyzer must be properly maintained and calibrated, with records available to verify compliance.
Qualified Operator: Only certified personnel may administer the test.
Implied Consent: Refusal to submit to an intoxilyzer test at the station results in administrative penalties, including license suspension.
Your Right to Independent Testing
Under Kentucky law, if you are subjected to a breath, blood, or urine test, you have the right to request an independent test by a medical professional of your choice. This allows you to verify or challenge the accuracy of the results. Law enforcement must inform you of this right and provide reasonable assistance to facilitate the independent test. Failure to do so can be a significant defense in your case.
License Suspension for DUI Charges
A DUI charge in Kentucky can result in the suspension of your driver’s license, even before your case is resolved. If you refuse a chemical test or fail a breathalyzer, your license may be administratively suspended under Kentucky’s implied consent law.
Penalties for DUI Convictions in Kentucky
The penalties for DUI convictions in Kentucky vary based on the number of prior offenses, the presence of aggravating factors, and the circumstances of the case. Kentucky uses a 10-year lookback period, meaning prior DUI convictions within the last 10 years will enhance the penalties for subsequent offenses. Penalties can include fines and/or jail time. Certain aggravating circumstances increase the penalties.
Ignition Interlock Device (IID) Program
In Kentucky, individuals convicted of a DUI may be eligible to regain limited driving privileges by installing an Ignition Interlock Device (IID) in their vehicle. The IID is a breathalyzer device that prevents the car from starting if the driver’s BAC exceeds a pre-set limit.
Key details about the IID program include:
Eligibility: Drivers with a suspended license due to a DUI conviction can apply for an IID license.
Installation and Costs: The IID must be installed and maintained by an approved vendor. Costs typically include installation, monthly maintenance fees, and removal fees.
Monitoring: The device records BAC readings and any attempts to tamper with or bypass the system. These records are reviewed by the state as part of the program requirements.
Duration: The required duration for an IID varies based on the number of prior offenses and whether aggravating factors were present.
An IID can help you regain mobility and meet legal obligations, but compliance with program rules is critical to avoid additional penalties. I can assist with understanding eligibility, applying for an IID, and addressing any issues related to the program.
Defending Against DUI Charges
Effective DUI defense strategies often focus on procedural errors, the reliability of evidence, and protecting your constitutional rights. Key defenses include:
Challenging Breathalyzer Accuracy:
Highlighting improper administration, failure to follow SOPs, or lack of device maintenance.
Independent Testing Disputes:
Arguing that law enforcement violated your right to an independent test.
Unlawful Traffic Stop:
Demonstrating that the officer lacked reasonable suspicion to pull you over.
Suppressing Evidence:
Excluding evidence obtained through unconstitutional searches, faulty testing, or improper procedures.
Field Sobriety Test Challenges:
Arguing that environmental factors, health conditions, or improper administration invalidated the results.
Special Considerations for Minor (Kiddie) DUIs
For drivers under 21, a BAC of 0.02% or higher can result in a DUI charge. Although penalties for minors are less severe than those for adults, they can still include:
Fines and court costs.
Mandatory alcohol education programs.
License suspension for up to 30 days for a first offense.
A conviction may also impact scholarships, college opportunities, or employment. Defending against minor DUIs requires a tailored approach to protect the young driver’s future.
How Millard Law Can Help
DUI charges can have lasting consequences, but you don’t have to face them alone. At Millard Law, I focus on challenging the evidence, protecting your rights, and minimizing the impact on your life. Whether you’re facing your first DUI or a repeat offense, I will work tirelessly to build a strong defense.
I represent clients throughout Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties, providing knowledgeable and aggressive DUI defense.
Contact Millard Law
If you’ve been charged with a DUI, contact Millard Law today for a consultation. I am here to help you understand your rights, challenge the charges, and achieve the best possible outcome.