If you have been charged with DUI or OVI, you will benefit from legal representation. A criminal/DUI defense attorney will do many things in representing your best interest. The first thing the attorney will do is advise you of your rights. This includes the right to remain silent and, at least initially, the right to require the State/Commonwealth to prove you guilty.
In doing so, the attorney will file motion for discovery and make sure that all evidence is received and reviewed. This is initially reviewed by your legal counsel, but a defendant has the right to also review evidence against him/her. The evidence should also include any exculpatory evidence, that is evidence that may be beneficial to the Defendant.
If you refused a blood or breath test, or if it is a second/subsequent charge, then you will likely have your license suspended at the initial appearance (also known as arraignment). Your attorney should advise you of right to obtain rights to drive in Kentucky with an Ignition Interlock. Approval is initially obtained through the DMV, then installed and special Ignition Interlock license is granted. This gives the Defendant permission to drive 24/7 so long as they are utilizing the interlock.
After evaluation of the evidence, the attorney will generally advise on alternate courses of action. This may include a negotiated plea or resolution, motion to suppress certain evidence, and possibly a bench or jury trial. Many times one or more charges can be amended or dismissed in exchange for a guilty plea (or possibly a no contest plea in Ohio. Note: Kentucky does not generally allow for “no contest” pleas). Even with a plea, the attorney can negotiate favorable terms. This may include minimal fines, no or minimal jail, self surrender, and/or home incarceration.
Many times there are other charges that accompany a DUI/OVI. Those almost always include other traffic charges, but may include misdemeanor or felony related charges such as wanton endangerment, criminal damaging, or possession of drugs or other illegal substances.
If you have been arrested, it is essential that you hire an experienced DUI defense attorney. For consultation and representation in Northern Kentucky and Cincinnati, contact Michael Bouldin by using contact form, email [email protected] or call 859-581-6453 (581-MIKE).