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DUI on 4th of July and Update on Blood in Mouth

The police in Northern Kentucky know that many people are out drinking, partying, boating and driving on the Fourth of July and the number of DUI arrests correspondingly rise.  If you plan to go out for the July 4th weekend, make a plan for a sober driver, whether it be to get home from the cookout or boating on the water.  The statutes for boating DUI can be as strict as those for operating a motor vehicle on the roadways. If you have been arrested, contact a lawyer as soon as practical.  If you have court on Friday, July 5th or on Monday, July 8th, you can simply appear and enter a NOT Guilty plea and the court will then set a pretrial.   Do not plead guilty or sign a DUI guilty plea form. You will be given a pretrial date generally in 2-4 weeks whether you are in Boone, Campbell or Kenton county.  There is ample time after the initial arraignment to hire an attorney and get going on your case.  After we discuss your case and you pay the retainer, I will request all discovery from the prosecutor and officer and, if available, obtain a copy of the video of your driving and arrest.  The video is the number one tool to fight a DUI charge.  If you took the breathalyzer or had blood taken, I will also obtain the results as well as the proof that the machine was correctly maintained. Suppression UPDATE:  Kenton county reaffirmed today that blood in the mouth is a foreign object which invalidates a DUI breathalyzer test.  In the case my client had been in an accident.  The officer confirmed that he did have blood in his mouth at the time the intoxilyzer test was given.  The Commonwealth argued that it would not affect the results.  The court opined that the foreign object invalidated the test and the results from the breathalyzer test were suppressed.  The case is now set for trial at a later date. Call Michael Bouldin at 859-581-6453 (581-MIKE) or email at [email protected] .

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