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DUI DUI & DUI in Kentucky

DUI cases in Northern Kentucky are prosecuted by the county attorney in the county of the traffic violation.  There are per se  violations, which is due to having a blood or breath alcohol over .08 and there is the general violation for operating a motor vehicle while under the influence.  Those accused are strongly advised to hire an attorney.  Many times a person hires an attorney only to realize that they do actually have a valid defense to the charges. KRS 198A-010 defines DUI by statute:

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration test results -- Presumptions -- Penalties -- Aggravating circumstances. (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; (d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (e) While under the combined influence of alcohol and any other substance which impairs one's driving ability; or (f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).

The aforementioned statute provides a litany of defenses to a DUI charge.  For example, if you blow over .08 but the breath test was taken more than 2 hours after operation, it is not presumed to be a valid test and therefore, likely unusable by the prosecution to prove your guilt.  If there is no breath or blood test, then the prosecution must prove you to be guilty of operating while under the influence.  This is a loaded statement as to the definition of "under the influence."  An attorney may also help evaluate the case and/or negotiate any aggravating factors. If you have been arrested for DUI or any other criminal or traffic offense, contact an attorney as soon as possible regarding representation.  You need to hire an attorney to defend your DUI charge.  For a consultation in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email at mwbouldin@fuse.net.

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