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DUI Archives

No DUI - Uber Everywhere

If you want to avoid a DUI, Uber Everwhere is the new slogan used amongst the younger generation.  While this is a great idea if you are out drinking on this Thanksgiving weekend, people often forget that idea and choose to drive after drinking.

DUI Weekend - Thanksgiving

Most Thanksgiving weekends I write about DUI arrests due the increased numbers over this special holiday.  The local police have an increased presence from Wednesday through Saturday night of Thanksgiving weekend; Wednesday being traditionally the highest DUI arrests of any night each year.

How to Beat a DUI

If you want to beat a Icharge, start with the basics - Hire an experienced DUI defense attorney that has a history of trying cases and winning.  I have been defending DUI cases for over 23 years.  In the past 2 weeks alone I have had three DUI cases set for trial.  All three of those were dismissed as to the DUI charges; whether by an informed prosecutor or following a trial.

Kentucky Supreme Court Upholds 10 Year Look Back on DUI

In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.

Not Guilty

As Jay Z says, Y'all got to feel me!! While I wasn't particularly thrilled with a late afternoon trial to end this July 3 before the holiday break, I could not be happier with the result of a not guilty DUI verdict in Campbell Countu District Court. I will soon get a testimonial from said client, his thanks was a great way to head into the holiday. Clients are sometimes afraid of a bench or jury trial, especially if they're ate a also other charges pending. In this case, the client was also acquitted of resisting arrest (although convicted of the lesser disorderly conduct charge) If you have a good case, don't be afraid of a trial. For consultation on northern Kentucky, call Michael Bouldin at 859-581-MIKE (581-6453) or email Mike@Bouldin LawFirm.com.    

Portable Breath Test - PBT in DUI

PBT is the abbreviation for Portable Breath Test.  This is the roadside breathalyzer that officers often use when evaluating a person for possible DUI.  It is a handheld device which can generally be purchased on the internet for $80-$200.  Many patrol officers or DUI specialists keep a PBT to check the breath alcohol of motorists. Q: IS THE PBT ADMISSIBLE? A: Guarded, NO.  The PBT is admissible only to show the presence of alcohol, however the actual results of the PBT are not admissible.  This is because these handheld devices are not certified, maintained, nor are records kept in compliance with DOT and do not have the same trustworthiness as the more thorough and much more expensive Intoxilyzer machines which are at the jail and/or the police station.  Additionally, the statute requires a 20 minute observation before giving someone a breath test which may be admissible.  The purpose of the observation is to assure that there is no mouth alcohol and that the user does not ingest or put anything into his/her mouth.  The roadside test does not include the 20 minute period, nor does the officer generally read the Implied Consent Form before administration.  Either of these would also render the test results inadmissible in a criminal trial. Q: WHAT IF THE PERSON ADMITS TO DRINKING A: If the driver has admitted to drinking, then the PBT is generally not admissible for any purpose.  If the sole purpose is to show the presence of alcohol, once the driver has admitted drinking then there is no other purpose to admit the PBT into evidence. Q: SO WHAT IS THE USE? A: Even though the devices are not in compliance, they are actually quite good at determining the level of alcohol in someone's blood (breath).  The newer models can detect if there is too much mouth alcohol, which can affect the reading.  While not as precise as a blood test or breath test using an Intoxilyzer, the results from the PBT are generally within a close range.  Many officers only use this as a last Field Sobriety Test to either confirm that the person is over the limit if they have failed or are questionable after the field test or to assure that they are under if they have passed other field tests. Q: WHAT SHOULD I DO? A: If you are reading this, it is probably too late to determine if you should take the PBT or not and you should contact an attorney to defend you on the DUI/OVI charges.  That said, often the decision should be based on how well you did on the field tests and/or how much alcohol you have consumed.  If you are close to under the legal limit of .08, a reading under would convince the officer to allow you to leave without a DUI arrest.  If you are over, a test may give you greater input into whether you should consent or decline a formal breath test when you return to the station or jail. If you have further questions about the PBT, you can email mike@bouldinlawfirm.com. If you need consultation and/or representation, contact Mike or schedule an appointment by calling Bouldin Law Firm at 859-581-6453 (581-MIKE).

What is DUI Aggravator?

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction. Those criteria are identified as aggravators.  The follow are those criteria or "aggravating circumstances" that increase the jail sentence if convicted:

Lawyer for DUI Trial

If you are looking for a lawyer with DUI trial experience in Northern Kentucky, there are a few good men to report. Having been a trial attorney for over 20 years in Northern Kentucky, I often have the opportunity to see others at work.  Kentukcy law prohibits the term "best attorney" so here is my list of top attorneys in the area. Northern Kentucky counties of Boone, Campbell and Kenton are fortunate to have a number of experienced and very good attorneys who practice DUI defense. For my dollar the top DUI attorneys include those retired: W. Robert Lotz, Dick Slukich, and Burr Travis; the elder statesmen Wil Zevely, Harry Hellings, Ed Drennen and Jon Alig; my contemporaries include Tim Schneider, Chris Jackson and Paul Dickman; and the younger group includes Ryan Beck. There are also a few Cincinnati attorneys that occasionally cross the river from Cincinnati and do a decent job, including: Steve Adams, Joe Suhre and Kelly Farrish (*Kelly's not licensed in Kentucky). A good attorney can advise when you should plead, when you should file a motion, when you should proceed to trial and whether that trial should be with a judge or a jury. If you have questions and are looking for a DUI defense attorney with significant trial experience, call the Bouldin Law Firm and discuss your case with Michael Bouldin.  For consultation, email at mike@bouldinlawfirm.com or call 859-581-6453.

DUI Last Night? Court tomorrow?

If you got arrested for DUI last night or early this morning, you probably have court tomorrow (or Tuesday) If you want to talk to an attorney before then, email me at mwbouldin2@gmail.com. Bouldin Law Firm of Mike Bouldin and Kris Nevels can help! Serving Northern Kentucky primarily in Boone, Campbell and Kenton counties. Don't start 2017 in court without an attorney. Email now. mwbouldin2@gmail.com.

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