Criminal Defense & DUI

Introduction to Criminal Defense and DUI

People often differentiate criminal defense and DUI but most attorneys put them in the same category. The criminal rules are the same for both as both are technically classified as criminal defense, even though most DUI charges in Kentucky are brought as traffic offenses. DUI in Kentucky is referred to as OVI in Ohio. Having practiced criminal defense for 25 years, I have had the opportunity to defend nearly every crime in imaginable. For a complete list, see attached link.

Criminal defense attorneys rely on a number of skills to assist their clients charged with criminal offenses. Those begin with careful evaluation of the case and knowledge of the statutory charges. An attorney will evaluate the case to determine if the crime fits the charge and all possible defenses to the case. The attorney may then obtain all evidence int eh possession of the prosecution and evaluate that evidence. Next is to negotiate possible resolutions through a plea process. If a plea agreement is not reached, the attorney may present the case to either a judge, known as a bench trial, or to a jury.

A trial attorney must know what evidence is admissible and what is not an should know how/when to make relevant objections. Additionally, there may be suppression issues for the judge and evaluation of whether a jury would believe that a defendant was innocent or guilty of the charge.

Suppression issues arise when evidence is illegally obtained. For example, police are required to obtain a search warrant to enter a home unless the owner/occupant gives them consent to search or there are exigent circumstances which allow for a warrantless search. If the police search without cause or consent, then evidence obtained can be suppressed, or kept out, of a trial.

Suppression also arises in DUI cases if the police do not have probable cause to stop the vehicle. There are cases where an office will stop a vehicle simply because of the make of the care, look of the driver or time of day/night. IF the driver has not committed any traffic violation or otherwise the officer doe snot have proper cause to stop, then any evidence obtained (including breathalyzer and field sobriety tests) may be omitted from the trial.

If you have been charged with DUI or any other crime, you should hire an attorney. Whether a felony or misdemeanor, a criminal conviction can affect your rights as a citizen. For information or consultation, contact Bouldin Law Firm at 859-581-6453 or email