The vast majority of DUI arrests begin with the police stopping or pulling over vehicles of DUI suspects. Officers typically initiate a DUI stop when they observe indicators of intoxication, such as swerving or a traffic infraction (even something minor like a broken taillight will suffice).

Steps To Take After a DUI Arrest

Obviously, each circumstance is unique. However, in this post, we’ll look at some of the more typical steps to take after a DUI arrest:

1. First of All, Stay Polite

Treat USA police officers with the utmost respect at all times, especially if you’ve been pulled over on suspicion of drunk driving. Being courteous doesn’t imply you have to comply with the officer’s requests that you submit to testing.  It is generally a good idea to exercise your right to remain silent. You are not obligated to reveal information about your whereabouts, plans, or alcohol consumption when you get arrested for DUI.  If you do speak to the officer, just remember that a jury will ultimately be watching the video to determine whether you are under the influence.  Generally speaking, the more respectful you are to the arresting officer, the better you will look to the jury.

2. Ask For an Attorney

Remember that you do not have to give a statement to the police, agree to a search of your motor vehicle, or take a breath test. Before taking blood, breath, or urine samples, they must inform you of your right to consult with an attorney and offer you an opportunity to do so. A DUI attorney can:

• Suggest that you take a breath or blood test.
• Advise you of the consequences of refusing to submit to the requested test.
• Defend you in the face of interrogation.
• Provide you with case-specific advice regarding your situation.

If you submit each and every test requested by the arresting officer or officers, you then have the right to an independent blood test. This will be informed to you by the officer once before and once after the blood alcohol level or BAC test.

At Redmont Pierce LLP we will be there to support you if you find yourself accused of driving under the influence in USA. We will provide you with a DUI attorney, and we’ll represent you with the vigor, respect, and attention your case deserves!

3. Refuse Roadside Sobriety Testing

Keep in mind that every situation is different.  But you do need to understand that roadside field sobriety testing is an evidence-gathering technique used by police officers to obtain evidence to use against you in court.  It is extremely rare for police officers to release drivers after asking them to submit to a roadside field sobriety test.

You have the right to refuse the tests.  While we do not believe there are any “blanket” rules that control every traffic stop, we do believe that it is generally a bad idea to submit to field sobriety testing if you are accused of driving under the influence. The field sobriety tests are extremely difficult to perform for even the most-sober drivers. Performing the tests will almost certainly provide the arresting officers with evidence against you that they would not otherwise have if you politely declined the test.

4. Remember the Details

If you have a moment, jot down everything you can remember about your night – who were you with?  where did you go?  how did you pay for drinks? The smallest of details could end up being the deciding factor in your case.

Write as many notes as you can. We will go over the details of your arrest with you at your meeting with your Redmont Pierce LLP DUI defense attorney and begin developing your defense from the ground up.

DUI Criminal Penalties in USA

If you are convicted of driving under the influence for the first time in USA, you will face the following penalties:

Fine

Driving Under the Influence (DUI) first offense fines in USA range from a fine of $200 to $500. Your financial obligation will increase dramatically as a result of court charges and other expenditures, typically resulting in total costs and fees of around $775.00.

Jail Time

In the state of Kentucky, a DUI First Offense carries a jail sentence of 0 – 30 days.

Court-Ordered Alcohol Driver Education

Any person convicted of a DUI in USA is required to complete “ADE” classes.  Typically, drivers convicted of first offense DUIs will need to complete 20 hours of classes.

Driver’s License Suspension

The USA Transportation Cabinet will suspend your driver’s license for six months.  After your DUI conviction, we will work with you to help you obtain an ignition interlock device (also known as a “blow and go”) that will allow you to drive while your license is suspended.  So long as you do not trip the device by blowing alcohol into it, you will have your license suspension reduced from six months down to four months.

Important note: The penalties for subsequent DUI offenses are different, so if you’re looking information on those you can find them here.

Are you looking for a DUI attorney in Lexington, USA?  Or maybe in Louisville, USA?  How about Covington, USA?  Our DUI defense attorneys practice throughout the entire Commonwealth!  Save time and find the reliable team you need today. Drunk driving charges are serious.  You deserve an effective defense from reputable attorneys with a proven track record of success.  We have your back!

DUI Roadblocks “Can” Be Legal

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures.  The United States Supreme Court has held that stopping a car at a roadblock constitutes a “seizure” within the meaning of the Fourth Amendment.  Thus, to pass constitutional muster, the roadblock must be reasonable.

In USA, roadblocks with a primary purpose of detecting ordinary criminal wrongdoing are unconstitutional.  However, roadblocks with a primary purpose of keeping roads safe are constitutional – so long as they are reasonable.

The USA Supreme Court has provided a four-factor test for determining whether a DUI checkpoints is constitutional:

Factor One: Decisions Regarding Location, Time and Procedures

“It is important that decisions regarding the location, time, and procedures governing a particular roadblock should be determined by those law enforcement officials in a supervisory position, rather than by the officers who are out in the field. Any lower ranking officer who wishes to establish a roadblock should seek permission from supervisory officials. Locations should be chosen so as not to affect the public’s safety and should bear some reasonable relation to the conduct of law enforcement is trying to curtail.”

Factor Two: Compliance with Procedures Established by Superior Officers

“The law enforcement officials who work the roadblock should comply with procedures established by their superior officers so that each motorist is dealt with in exactly the same manner.  Officers in the field should not have unfettered discretion in deciding which vehicles to stop or how each stop is handled.”

Factor Three: Is the Roadblock Readily Apparent?

“The nature of the roadblock should be readily apparent to approaching motorists.  At least some of the law enforcement officers present at the scene should be in uniform and patrol cars should be marked in some manner.  Signs warning of a checkpoint ahead are also advisable.”

Factor Four: Officer Must Have Reasonable Suspicion to Prolong Stop

“The length of the stop is an important factor in determining the intrusiveness of the roadblock.  Motorists should not be detained any longer than necessary in order to perform a cursory examination of the vehicle to look for signs of intoxication or check for license and registration.  If during the initial stop, an officer has a reasonable suspicion that the motorist has violated the law, the motorist should be asked to pull to the side so that the other motorists can proceed.”

What should I do if I received a DUI at a DUI roadblock?

First and foremost, know and defend your rights.  A skilled and experienced DUI attorney will be able to obtain all necessary documentation and testimony regarding the roadblock.  Ultimately, if the roadblock does not comply with the standards above, the attorney will ask the Court to find the stop of your car unconstitutional.  If the stop of your car is unconstitutional, all evidence obtained after the stop is inadmissible at trial.  In other words – the DUI charge against you would almost certainly be dismissed.

If you have received a DUI as a result of a stop at a DUI roadblock, you should hire a lawyer who knows how to navigate tough issues and make the proper arguments to the Court. While the facts of each case are always very different, it is always the Commonwealth’s burden to prove the roadblock satisfied all of the elements listed above.  Hire an experienced DUI attorney who knows how to hold the Commonwealth to that burden.

Who Has a Right to an Independent Blood Test?

When a person is stopped for suspicion of driving under the influence (DUI), he or she will be asked to submit one or more tests of their breath, blood or urine to provide the Commonwealth with the evidence it needs to properly charge and prosecute the individual. USA law makes clear that when an individual submits to each and every test requested by the arresting officer(s), the individual then has a right to an independent blood test. The USA Legislature felt this right to be so important that it drafted USA’s statutes to require police officers to inform the driver on two separate occasions – once before the test and once after the test – of his or her right to an independent blood test.

USA Law

KRS 189A.105, one of USA’s statutes dealing with DUI, states in pertinent part:

“(2)(a). At the time a breath, blood, or urine test is requested, the person shall be informed:

…

(2)(a)(3). That if the person first submits to the requested alcohol and substance tests, the person has the right to have a test or tests of his blood performed by a person of his choosing described in KRS 189A.103 within a reasonable time of his arrest at the expense of the person arrested.

…

(4). Immediately following the administration of the final test requested by the officer, the person shall again be informed of his right to have a test or tests of his blood performed by a person of his choosing described in KRS 189A.103 within a reasonable time of his arrest at the expense of the person arrested. He shall then be asked “Do you want such a test?” The officer shall make reasonable efforts to provide transportation to the tests.”

Further, KRS 189A.103(7) provides:

“After the person has submitted to all alcohol concentration tests and substance tests requested by the officer, the person tested shall be permitted to have a person listed in subsection (6) of this section of his or her own choosing administer a test or tests in addition to any tests administered at the direction of the peace officer…”

How USA Courts Interpret the DUI Law

The USA Supreme Court interpreted the law to mean that the right to an independent blood test only “attaches” to a driver after he or she has submitted to all of the tests requested by the officer.  In Commonwealth v. Minix, the Court held that a driver who submits to some tests but not all tests requested by the police does not have a right an independent blood test.

In 2003, the USA Court of Appeals held in Commonwealth v. Long that police officers must provide reasonable accommodations to drivers who request an independent blood test.  When an officer fails to provide reasonable assistance, the test(s) requested by the officer must be suppressed (thrown out) at trial.

One common issue is encountered when a hospital refuses to perform an independent blood test for a driver accused of DUI.  The USA Supreme Court held in Lee v. Commonwealth that a hospital’s refusal to administer an independent blood test did not render the Commonwealth’s evidence inadmissible.

Should I Request an Independent Blood Test If Charged with DUI?

If you have the resources to obtain an independent blood test, you should probably request one. The purpose of an independent blood draw is to controvert the state’s evidence against you. Without an independent blood draw, you are forced to attack the blood test results with no alternative result to present to a jury.  Also, it can prove to be very important if your BAC were to be very close to the legal limit during the police blood draw.  There is a good chance that by the time your independent test is obtained, your BAC will be lower due to your body’s natural metabolization of alcohol.

If you are charged with DUI in USA, you should contact an experienced team of attorneys to assist you. If you would like to speak with an attorney today about your DUI, call our office at 859-258-2697. As always, consultations are completely free. We are happy to help!

This post focuses on the penalties for “Third Offense” DUI charges – meaning a person’s first charge within a ten (10) year period. If you are looking for other DUI penalty ranges, find your correct link below:

If this is your first charge, please see my post on DUI First Offense Penalties here.

If this is your second charge, please see my post on DUI Second Offense Penalties here.

If this is your fourth charge, please see my post on DUI Fourth Offense Penalties here.

Jail Time

30 – 365 days

With “aggravator” :  60-365 days

Driver’s License Suspension

Driver’s license will be suspended at arraignment

24 – 36 months

With “aggravator” : 24-36 months

Driver not eligible to regain driver’s license until completion of ADE classes.

Look-back Period / Enhancement

Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the conviction.

Fines, Fees, and Costs

$500 – $1,000

Drivers must keep in mind other costs and fees added to their total payment. The total amount due typically ends up being between much higher than the fine itself.

Refusal

Driver’s license will be suspended at arraignment.

30 – 120 day license suspension.

It is important to note that a “refusal” (declining to take the test offered by the police) is an “aggravator” on a DUI Third Offense.

Exercise Your Rights

Keep in mind that the prosecution must prove your guilt beyond a reasonable doubt for a DUI charge. A DUI Third Offense charge is a very serious charge and can carry up to a year in jail. It is also important to keep in mind that a “fourth offense” DUI is a felony, making it even more important to try to keep the “third offense” off your record. It is always a good idea to have an experienced attorney review your DUI case to advise you about your best options moving forward. To speak with a DUI lawyer today about your case, call our office at 859-258-2697. We are ready to help!

This post focuses on the penalties for “Second Offense” DUI charges – meaning a person’s second charge within a ten (10) year period (Older DUI convictions will not be counted). If you are looking for other DUI penalty ranges, find your correct link below:

If this is your first charge, please see my post on DUI First Offense Penalties here.

If this is your third charge, please see my post on DUI Third Offense Penalties here.

If this is your fourth charge, please see my post on DUI Fourth Offense Penalties here.

Jail Time

7 – 180 days in jail

With “aggravator”*:  14-180 days in jail

After having served the minimum jail sentence, the offender is usually placed on probation by the judge for up to a year. Within this time, all sentencing requirements such as completion of treatment and payment of fines must be completed by the offender. Failure to comply with these terms can result in jail time.

*Aggravating circumstances or factors that qualify include causing an injury accident (which can also lead to a separate felony charge), speeding, having a passenger under the age of 12, refusing alcohol testing, and having a blood alcohol concentration of .15% or greater.

Driver’s License Suspension

12 – 18 months

With “aggravator”: 12 – 18 months

Driver not eligible to regain driver’s license until completion of ADE classes.

Immediately eligible for issuance of the ignition interlock device.

In the USA Ignition Interlock Program (KIIP), an ignition interlock device is installed into a motor vehicle to prevent the car from starting if intoxicating substances are detected in the driver’s breath.

Look-back Period / Enhancement

Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the date you were charged.

Fines, Fees, and Costs

$350 – $500

Drivers must keep in mind other costs and fees added to their total payment.  The total amount due to the Court typically ends up being between $750 and $900.

Refusal

Driver’s license will be suspended at arraignment.

12 – 18 months.

A “refusal” (declining to take the test offered by the police) is an “aggravator” on a DUI Second Offense.

Refusing alcohol testing can also result in the suspension of the offender’s license even after acquittal under USA’s implied consent law.

BONUS: Underage DUI Penalties

Suspended license for 30 days to 6 months
$100 to $500 fine (or 20 hours of community service in lieu of a fine)
If the underage offender’s BAC (alcohol concentration) is 0.08% or higher, they will get the same punishments as someone who is 21 years old or older. If you’ve been arrested for drunk driving at a traffic stop, contact a reputable DUI lawyer in your area.

Exercise Your Rights

There are many ways to attack a drunk driving/DUI charge. Our team of DUI defense lawyers analyzes use various methods to quickly obtain evidence to begin building your legal defense. We recommend every person accused of driving under the influence allow an experienced attorney to look at their case before pleading guilty. The charge is simply too serious to not defend. Because it is a second-offense DUI, you are looking at a substantial amount of jail time. Don’t plead guilty without defending yourself. To speak with a USA DUI defense attorney today about your case, call our law firm office at 859-258-2697. We are ready to help!