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Bouldin Law Firm
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Is DUI a Felony? Is DUI a Crime?

In Kentucky DUI is officially a traffic offense. The potential penalties as well as the process is criminal. If you are looking at for an attorney, a criminal defense attorney handles DUI cases. A DUI lawyer is nothing different and Kentucky does not recognize a specialty for criminal or DUI law. DUI cases are prosecuted in Northern Kentucky exactly the same as misdemeanor charges. The first appearance is an arraignment in which the Defendant can only plead guilty or not guilty. If a guilty plea is entered, the judge will sentence the Defendant at that time. If a defendant pleads not guilty, the case is generally set for a pretrial conference and then later for trial. The pretrial conference is an opportunity for the Defense attorney to make sure that he has all of the discovery and other information to prepare for trial. Generally, the prosecution will also make an offer on a proposed sentence if a guilty plea is entered; this is called a plea agreement. The prosecutor may also offer to either reduce or dismiss charges in exchange for a guilty plea to one or other charges. An experienced attorney will not only know how to negotiate, but will be able to advise if a plea offer is good or bad in the given circumstances. Kentucky DUIs stay on your license forever, however only those within a 5 year period become enhanceable. A first offense DUI in Kentucky is punishable by 48 hours - 30 days in jail and/or $200-500 fine, mandatory license suspension 30-120 days and DUI alcohol evaluation and treatment. A second offense is 7 days - 6 months in jail, increased fines and minimum 12 month license suspension; third offense is 30-360 days in jail and a fourth offense is a class D felony, punishable by 1-5 years in prison. If you have been charged with DUI or any other crime in Northern Kentucky, contact Michael Bouldin at 859-581-6453 or [email protected] for a consultation. Whether for a first or subsequent DUI, the penalties and costs can be extreme. An attorney will not only protect your rights, but can assist in guiding you through the process and advising how to best proceed.

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