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Bouldin Law Firm
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Is a New Years DUI Cliche'?

An alcoholic once told me that he doesn't drive on New Years Eve because it is amateur hour. The real drunks drive during the daytime and not when every police officer with a breathalyzer is looking for someone to bust. The police refer to it as shooting fish in a barrel. Fortunately, Northern Kentucky police often are looking to keep the worst offenders off of the roads. While many police make DUI stops in order to keep their numbers up, New Years seems to be a time when they are trying to assure the worst offenders are off of the roads. That said, some police are still quick to flip the lights and initiate a stop and follow up with an arrest for suspected DUI offense. Many revelers have a drink of champagne or spend the night at the casino Covington, Newport, Florence Police, Boone and Kenton Sheriff as well as Kentucky State Police (KSP) all are on the lookout for drunk drivers on New Years Eve and New Years Day. Some of the agencies will have roadblocks or DUI checkpoints set up to easily ascertain any obviously intoxicated drivers. Those driving should take the same precautions, and then some, that every responsible driver should take. Know your limits, count your drinks, don't drive while intoxicated or impaired, designate a safe and sober driver. Drivers should know that under the current law, if you are pulled over for suspected DUI, you are presumed to have consented to a breathalyzer. If you refuse the breath test, the state can suspend your operators privileges for 120 days, regardless of whether you are convicted or acquitted for a DUI. If you are found guilty of a first offense DUI, you face up to 30 days in jail, $500 fine, court costs, DUI Service fee, alcohol and drug evaluation and treatment and license suspension up to 120 days. Whether you consent or refuse a breathalyzer will have a consequence on the outcome of the case. A refusal can be used as evidence of intoxication, however a breath test may confirm a conviction. Further, if the breath test is over .15, there is a mandatory 4 days of incarceration if convicted. If you have been arrested for DUI, know your rights before going to court. It is almost never a good idea to simply plea guilty at the first appearance, particularly if you have not spoken to an attorney. Consult an attorney who works in the County of your arrest. If you were arrested in Gallatin, Boone, Kenton, Campbell or Hamilton counties, contact Mike at [email protected] or call 859-581-6453 (581-MIKE) for a consultation.

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