Northern Kentucky DUI Lawyer
Assists Covington, Florence, Newport and All of Northern KY

Drunk driving offenses are the most common criminal defense cases which are dealt with virtually everyday. The drunk driving laws vary by state and can be quite onerous on the criminal defendant. Additionally, the cost can be very expensive not only in the fines, court costs, and legal fees, but also with respect to counseling, jail fees and increased cost of insurance.

It is imperative that you hire an experienced Northern Kentucky DUI Lawyer to defend your rights (Go here > Covington or Kenton Conty DUI if you were stopped there).

Driving under the influence, driving while intoxicated, drunk driving, and operating a vehicle while intoxicated, are all terms used to describe a relatively common criminal charge.

A focus of my law practice is defending people who have been accused of DUI. An arrest for DUI can be a frightening experience.

So it's important that you take control of the situation by choosing an attorney who understands DUI defense and is not afraid to fight for you.

An arrest for DUI, OVI or DWI often comes after either a field sobriety test, or a breathalyzer test is failed. A blood alcohol content of .08 or higher is considered above the legal limit in both Ohio and Kentucky.

An attorney who regularly defends drunk driving charges assures that the machines were functioning properly and that all testing was done properly. If mistakes were made, I have the experience to find them.

The court can convict an individual of DUI/OVI based on operating a motor vehicle while impaired or with a prohibited level of alcohol or drugs. Therefore, a conviction is possible even if you refused or had a low blood alcohol level.

I aggressively defend people who have been arrested or charged with a DUI. A conviction can mean having your license suspended or revoked, or it could mean time spent in jail as well as hefty fines.

Any attorney can recommend a guilty plea. I take the time to understand your case and find a defense strategy that fits your situation.

Following are the mandatory sentences if convicted of driving under the influence - known as DUI in Kentucky or OVI in Ohio. Take a close look....and you'll see why you need a talented attorney:

Kentucky:

1st Offense: 2-30* days in jail and/or $200-500 fine; alcohol and drug evaluation and any recommended treatment; loss of license from 30-120 days; and alcohol or substance abuse treatment for 90 days; And you pay Court Costs, DUI Service Fee, Treatment Program Fee, County Fees and State Fees.
*4 days mandatory minimum if aggravating circumstance is present.

2nd Offense: 7 days - 6 months jail (if aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days); $350-500 fine; alcohol or substance abuse treatment program 1 year, loss of license 12-18 months, license plate impoundment or ignition interlock device; And you pay Court Costs, DUI Service Fee, Treatment Program Fee, County Fees and State Fees.

3rd Offense: 30 days - 12 months jail (if aggravating circumstance present, mandatory minimum term of imprisonment shall be 60 days); $500-1,000 fine; alcohol or substance abuse treatment program 1 year, loss of license 24-36 months; license plate impoundment or ignition interlock device; And you pay Court Costs, DUI Service Fee, Treatment Program Fee, County Fees and State Fees.

4th Offense: D Felony 1-5 years jail; must serve 120 days (if aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days); loss of license 5 years, alcohol or substance abuse treatment program 1 year; license plate impoundment or ignition interlock device; You also pay Court Costs, DUI Service Fee, Treatment Program Fee, County Fees and State Fees.

Kentucky Aggravating Circumstances referred to are: (1) Operating motor vehicle (VM) in excess of 30 miles per hour above the speed limit; (2) Operating MV in wrong direction on limited access highway; (3) Operating MV that causes accident resulting in death or serious physical injury; (4) Operating MV while alcohol concentration in operator's blood or breath is 0.18 or more as measured by test(s) of a sample of the operator's blood or breath taken within 2 hours of cessation of operation of MV; (5) Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and (6) Operating MV that is transporting a passenger under 12 years of age.

Ohio:

Administrative License Suspension (ALS)

• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

Jail Time and refusal or high tier test (>.17)

As in Kentucky, a refusal of the breathalyzer or other test for blood alcohol or a test in excess of .17 will double the mandatory minimum jail time for the offender. For example, in a 1st offense if the breath test exceeds .17, the defendant will serve a minimum of 6 day in jail.

1st Offense

• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail - Minimum 3 days - 6 months; 3 days mandatory can be served in jail or DIP program;
• Fine - Minimum $200 and not more than $1,000;
• Court License Suspension - 6 months to 3 years.

2nd Offense

• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine - Minimum $300 and not more than $1,500;
• Discretionary driver's intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension - 1 year to 5 years.

3rd Offense

• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail - Minimum 30 consecutive days to one year;
• Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine - Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension - 1 year to 10 years.

4th or More Offense or Motor Vehicle Related Felony

• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail - Minimum of 60 consecutive days and up to one year in jail;
• Fine - Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension - 3 years to Permanent Revocation.

So please, if you need an aggressive criminal defense attorney, contact me by e-mail or call 859 581 6453 (MIKE).