DUI Day! Welcome to Black Friday!

Every year there are more DUI charges on the Wednesday before and the Friday following Thanksgiving than any other day of the year. Hiring a good DUI attorney is the most important thing you can do following an arrest. Many people believe that New Years Eve would be the busiest day, however that day is reserved for professionals and most people have a plan prior to the beginning of the evening.

Wednesday before Thanksgiving, however, is generally last minute plans and over-imbibing. Many students come home for the first time since leaving for college. They see their old friends and have a newfound love for beer. Bars, pubs and restaurants run specials all night because most of them are closed on Thursday.

Having practiced law for 25 years, I have run a similar post many times. It almost always generates a few leads and at least one or two new clients. Of course, DUI and OVI charges occur throughout the year. If you were charged with DUI this week(end), get an experienced attorney to help you through the process. An attorney will discuss your chances of an acquittal as well as guide you through the process. This may include hardship license, Ignition Interlock or avoidance of incarceration. See also what to do if you get arrested.

For consultation in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-MIKE (859-581-6453) or email mike@bouldinlawfirm.com. Contact form LINK.

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What Is a DUI Aggravator?

Kentucky law allows enhancement of a DUI charge if there are one one of 6 aggravators. If a person pleads or is found guilty of a DUI, their sentence is enhanced (made worse) if any of these aggravators exist. On a first offense, an aggravating circumstance mandates 4 days in jail. On subsequent offense, the aggravator doubles the minimum jail sentence.

The basic aggravators are listed in KRS 189A.010, as follows: (11)

  • (a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
  • (b) Operating a motor vehicle in the wrong direction on a limited access highway;
  • (c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080 ;
  • (d) Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator’s blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
  • (e) Refusing to submit to any test or tests of one’s blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section;  and
  • (f) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

It should be noted, that if there is a death or serious physical injury as in subsection (c), most police and prosecutors will also file additional charges. These are often FELONY charges and require additional legal work. Additionally, KRS 189A.010(11)(e) should not apply if the person is charged with a first offense dui. This is because the first offense apply to those aggravators that occur while driving the vehicle.

Most importantly, an attorney can work to try to dismiss the aggravator when entering a plea and/or discuss alternatives to incarceration.

If you have been charged with DUI or any other motor vehicle offense, you should discuss your case with an experienced criminal/DUI defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 )581-MIKE.

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When is a .200 Not a DUI?

I recently had a client that was cited for DUI after blowing a .206 breathalyzer. The charges were ultimately dismissed. How?

Often the full story is not told until an attorney obtains discovery and then further investigates and uncovers all of the evidence. This may be more than the prosecution or officers give in traditional discovery.

I talked to my client, obtained discovery, then met with the client again to get the rest if the story. He’s had been asleep in his truck after a night at the bar. The official report was that he wad parked at UDF and the car was running. The rest of the story showed that his truck wad to large for the bar lot and UDF was across the street.

Witnesses were interviewed who said he left the bar at 1:00 a.m. and had not left the parking spot since that time. He was arrested at 5:00 a.m. Further investigation revealed that three temperature was only 10 degrees that night and the vehicle was runningonly for warmth.

Kentucky has multi party testy to see if a person is in physical control of a vehicle and subject to a driving charge. Ultimately it was proven that this defendant was not and the DUI was dismissed.

If you are charged with DUI or any crime, hire an experienced criminal defense attorney. For consultation in Northern Kentucky or Cincinnati contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6463.

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What To Expect After DUI Arrest In Kentucky

If you have been arrested for DUI in Kentucky, there are a number of steps.

First, you will appear in court soon after the arrest. If you are in custody, you will appear on the next business day. On a first offense, you will typically be granted an OR (own recognizance) bond after you have been in jail for 3-5 hours. If you are released from jail, you will be given paperwork with your next court date, which is generally in 1-2 weeks.

Your first appearance is called arraignment. The arraignment is simply to advise you of the charges, potential penalties and allow for a plea of either guilty or not guilty. If you plead guilty, you will be sentenced at that time. It is strongly recommended that you hire an attorney as early in the process as possible. If you have not yet consulted an attorney, plead NOT GUILTY and then ask for time.

After your Not Guilty plea, the case will be scheduled for a Pre-Trial Conference. This gives the defense attorney an opportunity to review all of the case file, including video, officer notes, field notes, and reports. Often the attorney will also “pre-try” the case with the arresting officer to determine the strength of the prosecution’s case as well as any suppression issues which may be present.

Possible penalties for first offense DUI in Kentucky include 3-30 days of jail and/or $200-500 fine, 30-120 day license suspension, mandatory DUI service fee, court costs, Alcohol/Drug evaluation and any classes recommended (20 hour minimum). The costs and fees will range from $750-$1050. If an aggravating circumstance exists, there is a mandatory 4 days of incarceration.

Realize that often there are other charges which accompany a DUI. Those may be traffic offenses, license or insurance issues, or possession of some other illegal substance. Citations may also include felony charges for wanton endangerment, assault, or homicide charges. These may be dismissed or may be more serious than the DUI charge and require special care.

If you have been charged with DUI or any other crime in Kentucky, you should seek legal advice and hire an experienced criminal defense attorney. For consultation in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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What is a Kiddie / <21 DUI?

A Kiddie DUI, or DUI for a person under the age of 21 years, can be charged if the driver is under the age of 21 and has a blood alcohol level over .02. The legal limit for a person over the age of 21 is .08.

A person can be convicted of DUI, or driving under the influence, based on a number of factors. Typically, a DUI is for driving while under the influence of drugs and/or alcohol. A conviction can be obtained if the defendant is driving a motor vehicle and under the influence or impaired by drugs or alcohol, or combination. Even if impairment is not noted, a person can be convicted if they are operating a vehicle with a blood alcohol over .08.

Regardless of age, generally if the driver has a blood or breath alcohol level over .08, they will be charged with thee standard adult DUI. Similarly, if the BAC level is over .15, the defendant will most likely be charged with an aggravated DUI, regardless of age.

A finding or plea to an Under 21, or Kiddie, DUI, has different consequences than a regular DUI. First, the fines are only up to $200 and there is no DUI service fee; as such the total cost is about $300 instead of $750. Additionally, an <21 DUI is not enhanceable, should the person later be charged with a 2nd DUI. Finally, there is a “zero tolerance” class that the < 21 defendant must take that differs from the minimum 20 hour DUI class.

If you have been charged with a DUI, whether regular, aggravated, high tier, or < 21, you should hire with an attorney. For consultation in Cincinnati or N.Ky., call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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