There are a few changes to DUI laws in the Kentucky legislature which could have an effect on arrests, blood tests and enhancement of multiple convictions.
The initial and significant change may be what is known as Lily’s Law which will mandate holding a person arrested for DUI for 12 hours instead of the current hold of 4 hours. This law will also make a 3rd offense a felony. It is likely that the law will be retroactive, so anyone with 2 prior DUI convictions could be tried as a felon even though the prior convictions advised that a fourth (4th) offense could be a felony.
The other change may be to testing of blood. Currently a person can refuse a blood test unless someone dies or is injured, at which time they officer can request a search warrant for blood. Under HB154, a warrant may be issued solely on the basis of DUI arrest. This proposed law is in direct response to recent Kentucky Court of Appeals decision in Commonwealth v. McCarthy in which the court held that a blood test refusal cannot be used against a defendant. Read prior blog relating to blood test refusal.
If you have been charged with a DUI, contact an experienced criminal/DUI defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin at 859-581-6453 or email [email protected].