Most Thanksgiving weekends I write about DUI arrests due the increased numbers over this special holiday. The local police have an increased presence from Wednesday through Saturday night of Thanksgiving weekend; Wednesday being traditionally the highest DUI arrests of any night each year.
In DUI cases, there are occasions where a person charged may take both the blood alcohol test and the breathalyzer test. There are times when the results vary that can be used to aid in defending the case.
In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.