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Bouldin Law Firm
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Does Anyone Fight a DUI?

There are many good criminal defense attorneys in Northern Kentucky who regularly try cases and fight against DUI charges. Fighting a DUI case is not dissimilar to other types of criminal defense, however there are special nuances which are unique to DUI defense. DUI defense often involve suppression issues relative to the stop of the vehicle, arrest or detention of the driver, search of the vehicle, and breathalyzer analysis or results of test of blood or urine. The National Highway Traffic Safety Administration (NHTSA) has protocols for Standard Field Sobriety Tests (SFST or FST). A good cross examination will often point out whether the arresting officer followed the details of these SFST. Interestingly, one of NHTSA's tests which is often relied upon in Cincinnati, the Horizontal Gaze Nystagmus Test (HGN), is generally inadmissible as evidence in Northern Kentucky. Also, the Preliminary Breath Test (PBT) can be used to show the presence of alcohol in Kentucky, however the specific number cannot be admitted into evidence and is of no evidentiary value. Not only are there numerous basis for suppression of blood alcohol tests, but there are certain protocols which the investigative officer must follow for the test to be admissible. The officer must be trained and certified to administer the blood alcohol test. The officer must witness the defendant for a period of 20 minutes to assure that no foreign objects are in the defendant's mouth. The officer must give the defendant an opportunity to contact legal counsel. After the test is completed, the officer must give the defendant the opportunity to have a second test (at defendant's cost) taken at the defendant's choosing; this is often a blood test at a hospital. Experienced DUI attorneys can advise when it is best to take a case to trial and when it is best to enter a plea to those, or perhaps, amended charges and avoid a trial. The attorney may also advise and discuss with the client the relative advantages of a bench (Judge) versus a jury trial. This decision may involve an analysis of the specific judge presiding over the case, the specific facts of the case, whether there is a video of the field sobriety tests as well as other factors. If you have been arrested for DUI, you should consult an attorney to discuss your legal rights. An experienced trial attorney will not be afraid to advocate for your rights and fight to have a case dismissed. In Northern Kentucky, contact Michael Bouldin at [email protected] or call 859-581-MIKE (6453) to schedule a consultation.

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