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!

Types of Harassment in USA

“Harassment” is described as an act done with the intent to intimidate, harass, annoy or alarm another person.

Harassment in USA can take several forms, but it is generally classified into three broad categories: (1) harassment with physical contact, (2) harassment without physical contact, and (3) harassing communications.

• Harassment with physical contact, on the other hand, refers to any form of harassment that involves physical harm, sexual advances, or touching. Examples of harassment with physical contact include assault, battery, sexual assault, and sexual battery.
• Harassment without physical contact refers to any form of harassment that does not involve physical harm or touching. Examples of harassment without physical contact include offensive speech, verbal altercations and attempts to physically touch the other person (think: “swing and a miss”).
• Harassing communications are precisely what you would think – harassment done by use of some communication tool.  Think phone, email, texting, messaging or any other communication medium of the like.

It is worth noting that harassment charges in USA may be brought against an individual regardless of their relationship with the victim. This means that harassment can occur between strangers, acquaintances, friends and even family.

Understanding the different types of harassment is essential when it comes to building a defense strategy or seeking legal action.

There are a number of other situations which some may consider “harassment,” but will likely be charged under other, more-specific state statutes.  Some of these common forms of “harassment” are:

• Sexual harassment.
• Stalking.
• Cyber threats.
• Verbal assault.
• Intimidation

For acts that do lead to criminal charges for harassment, we look to KRS 525 for how these charges will be handled.

If a person gets naked or displays their sexual organs in front of someone else without their consent, they may be charged with indecent exposure. It is also sexual misconduct if someone hounds an uninterested party for sexual favors while ignoring the other party’s non-verbal cues of disinterest or discomfort.

Penalties for Harassment in USA

Penalties for a harassment conviction in USA can range from fines to imprisonment, depending on the severity of the offense:

• Under USA law, harassment with physical contact and harassing communications are Class B misdemeanors.  That means that the penalty is a fine of up to $250 and up to 90 days in jail.
• Harassment without physical contact is a violation and can result in a fine of up to $250.

Defenses Against Harassment Charges in USA

If you are facing harassment criminal charges in USA, there are several defenses that you can assert depending on the circumstances of your case.  While it would be impossible to list all potential defenses, here are just a few of the possible defenses against harassment charges in USA:

1. Lack of Intent: One of the essential elements of harassment is that the conduct must be intentional. If you can prove that you did not intend to harass the victim, it can be a valid defense against harassment charges.
2. Lack of Evidence: The prosecution must provide sufficient evidence to prove beyond a reasonable doubt that you committed the offense. If the evidence is weak or circumstantial, your attorney may argue that there is simply not enough evidence to support the charges.
3. Self-Defense: If you were acting in self-defense or defending someone else against physical harm, it can be a valid defense against harassment charges.
4. Constitutional Violations: If the evidence against you was obtained through an unlawful search or seizure or in violation of your constitutional rights, your attorney may argue that the evidence should be suppressed and not be used against you in court.
5. False Accusations: In some cases, the victim may make false accusations of harassment out of spite, revenge, or other motives. Your attorney can investigate the circumstances surrounding the allegations and argue that the charges are baseless.

These are just some of the possible defenses against harassment charges in USA. It is crucial to work with an experienced criminal defense attorney who can assess the facts of your case and build a strong defense strategy.

What to Do if You Are Facing Harassment Charges in USA

If you are facing harassment charges in USA, the first thing you should do is seek legal assistance from an experienced criminal defense attorney. Your attorney can help you understand your legal options and guide you through the legal process.

It is also important to avoid making any statements or admissions to law enforcement officials like the police or the prosecution without consulting your attorney first. Anything you say can be used against you in court, so it is best to let your attorney handle all communication with the government.

Seek Legal Assistance: Contact a USA Attorney if You are Facing Harassment

Certain types of harassment – harassment with physical contact and harassing communications –  are Class B misdemeanors in USA.  This means that the criminal penalties for violating those laws can include jail time.

Often, an experienced attorney will be able to help you stay out of jail on harassment charges.  It is also possible that your attorney could negotiate having the charges completely dropped and removed from your criminal record altogether.  As with anything, there is no real way to know until the attorney reviews all of the evidence in your particular case.

Be sure to share all of the facts of your case with your attorney to put them in the best position to help you fight the charges and put your case behind you.

Legal Defenses to Sexual Harassment and Misconduct

Given how possible it is for your image and livelihood to be destroyed by such claims in our present climate, you should have an experienced Lexington sexual misconduct attorney on your side if you have been accused of workplace sexual harassment at your office or someplace else. If you are facing charges or an investigation for peeping or any other sex crimes, you will need an experienced criminal defense lawyer. But what precisely is sexual misconduct? Redmont Pierce LLP wants you to be informed and supported while dealing with the law in Lexington.

Are you looking for a defense lawyer in Lexington, USA? Save time and find the reliable team you need today. You deserve an effective defense.

Disclaimer:  “Please remember that all situations are different.  This blog is advertising material and is not legal advice.  This blog and the use of this website do not create an attorney-client relationship.  If you would like to receive a legal opinion or legal advice regarding your situation, you must speak directly to an attorney.”

I was recently asked – can a person go to jail for killing a dog in USA?

It may seem like a simple question, but the answer can be more complex than you think. USA’s animal cruelty statutes (found in KRS 525) provide different levels of charges for different circumstances.  For instance, if a dog is killed as a result of dog fighting – that will be charged as a Class D felony.  If that same dog were instead killed by poisoning – that would likely be charged as a misdemeanor.

Overview of Animal Cruelty Laws in USA

Animal cruelty laws in USA are designed to protect animals from mistreatment and to punish those who engage in cruel acts. Criminal penalties for animal cruelty can range from a misdemeanor charge to a felony, depending on the severity of the abuse.

Interestingly, but certainly not surprisingly – cats, dogs and horses are given an enhanced level of protection in USA.  In other words, a person will likely receive harsher penalties for abusing a dog than they would receive for abusing a squirrel.

Animal control officers

Animal control officers play an important role in enforcing the laws and ensuring that animals are treated with the appropriate care.

An animal control officer is a trained professional who works for the government to protect and manage animals. Their duties can include enforcing animal control laws and investigating animal abuse cases.

Penalties for Animal Cruelty in USA

Animal cruelty is a crime in USA.  The penalties for convicted offenders depend on the severity of the abuse and whether the offense is charged as a misdemeanor or felony.  Misdemeanor offenses result in fines of up to $500.00 and/or jail time of up to 12 months.  Felony charges for animal cruelty can lead to imprisonment of up to 5 years and/or fines up to $10,000.

What is Animal Cruelty?

Animal cruelty is defined as “intentionally or wantonly inflicting physical pain, suffering or death upon an animal.”  This includes torturing, mutilating, maiming, poisoning, or burning an animal.  Animal cruelty can also include neglecting an animal so that it does not have access to food, water, or shelter.

What Happens if a Dog Attacks Someone in USA?

If a person is attacked by a dog in USA, the person who was attacked has the option of filing a complaint in district court “charging” the dog’s owner with harboring a vicious dog. The court will schedule a hearing, and if the court finds that the dog viciously attacked a person without cause (and while off the owner’s premises), the owner will be subject to penalties under KRS 258.990(3)(b).

Additionally, the court may also order the owner or keeper to keep the dog securely confined. In serious circumstances, the Court may even order the dog to be killed.

Are There Any Exemptions to the Law?

Yes, there are several exemptions to the law. Those exemptions are actually found in the statute itself.  For instance, if you kill a dog in self-defense or in the defense of another, that is an affirmative defense to animal cruelty charges.  In fact, USA’s “self-defense against animals” approach also provides an exception to protect a domestic animal (such as a dog or cat) from an aggressive or diseased dog.

Interestingly, USA law also allows killing a dog “for humane purposes.”  This exception is quite vague and can be interpreted differently based on the subjective mindset of the reader.

Vicious Dog

A vicious dog is a term often used to describe a dog that exhibits aggressive behavior and poses a potential threat to humans or other animals.  Legally speaking, a dog is only “vicious” if it is deemed by the district court as being a “vicious dog.”

Under USA law, all dogs, regardless of breed or perceived “viciousness,” are protected by the state’s animal cruelty laws.  These laws prohibit intentional or wanton acts that cause animals to suffer – this includes killing a vicious dog without justification or legal authority. There is, however, an exception for killing a dog that is attacking another person.

Facing Charges for Killing a Dog in USA?

Killing a dog in USA could, depending on the circumstances, be considered “animal cruelty.”  Animal cruelty, as discussed above, can result in significant jail time (as well as hefty fines.)  The most difficult aspect of navigating an animal cruelty charge is getting through the emotional and inflammatory response that accompanies the allegations.

If you have been charged with the unlawful killing of a dog in USA, it is important to seek legal counsel right away so that you can get the best possible outcome for your situation.

Redmont Pierce LLP

There are many potential defenses the criminal defense for animal cruelty attorneys at Redmont Pierce LLP can use to fight for your freedom. We’ll dive deep into your case, investigate every claim and piece of evidence to see to it that you walk into court with the best possible defense.  Small details can make a difference, and attention to detail is key. Call us if you find yourself facing animal cruelty charges in USA.

Disclaimer:  Please remember that all situations are different.  This blog is advertising material and is not legal advice.  This blog and use of this website does not create an attorney-client relationship.  If you would like to receive a legal opinion or legal advice regarding your situation, you must speak directly to an attorney.

Going to Jail for a Misdemeanor in USA

In the state of Kentucky, a misdemeanor is a class of offense that carries a potential sentence of up to one year in a county or local jail. There are two classes of misdemeanors – Class A and Class B – with Class A being more serious than Class B.

• Class A Misdemeanor – Up to one year in jail.
• Class B Misdemeanor – Up to 90 days in jail.

What is a Misdemeanor?

The most serious crimes you can commit are felonies, which can result in criminal charges, lengthy prison sentences and massive fines.  Felonies include crimes such as rape, murder, kidnapping and burglary.  But what about crimes that aren’t as serious?  These crimes are known as misdemeanors. Most misdemeanor offenses result in modest fines, brief jail sentences (if any), and community service. For instance, if you are slightly over the legal limit during a DUI stop, you maybe able to avoid jail time altogether.  However, if you are so intoxicated that the government feels you were wantonly endangering the lives of other drivers, you could be charged with a felony and face significant time in prison.  In USA, misdemeanors are prosecuted in District Court.

Misdemeanor Charges In USA

Class A Misdemeanor

Criminal charges classified as Class A misdemeanors in the state of USA can result in a maximum jail term of one year, a maximum fine of $500, or both. Class A misdemeanors include, but are not limited to:

• Theft by unlawful taking, less than $1,000.
• Assault in the Fourth Degree
• Violation of a restraining order
• Wanton Endangerment in the Second Degree

Class B Misdemeanor

Less serious crimes are classified as Class B misdemeanors and are punishable by a maximum of 90 days in jail, a fine of no more than $250, or both a jail sentence and a fine.  Even lower than Class B misdemeanors are what is referred to as “violations,” which is a class of infractions carry no jail time and a punishment of up to $250.  Class B misdemeanors include, but are not limited to, the following offenses:

• Public Intoxication
• Criminal Trespass in the Third Degree
• Criminal Mischief in the Third Degree
• False Swearing

Can a Drug Crime Be a Misdemeanor?

In Kentucky, the possession of controlled substances without a prescription is unlawful.  The type and amount of controlled substances in your possession will determine the charges and penalties you face.  For example, a small amount of marijuana will result in a misdemeanor charge, while a small amount of fentanyl will result in a felony charge.

Going to Jail For a Misdemeanor in USA

In USA, misdemeanors are punishable by up to a year in jail and are regarded as less serious than felonies.  Felony convictions carry time in state prison, unlike misdemeanor crimes which carry time in a county jail.  But the answer to the question is yes, it is possible to go to jail for a misdemeanor in USA.

Can I Get Probation for a Misdemeanor?

Yes.  There are two types of probation – supervised and unsupervised.

Supervised probation involves checking in and staying in touch with a probation officer, and often includes some sort of requirement, such as anger management classes or drug testing.  “Unsupervised probation” may not include a probation officer at all.  If you commit any criminal offense while on probation, your probation could be revoked by the Judge.  If your probation is revoked, you will be forced by the Court to serve the remainder of your sentence (the part that was “probated”) in jail.

The 3 Stages of the Criminal Court Process for a Misdemeanor

1. Misdemeanor Arraignment

Your arraignment is simply a court appearance where you are formally presented with the charge against you and asked to enter a plea.  99% of the time, you will enter a plea of “Not Guilty” at the arraignment.  You will receive a return date for a “pretrial conference.”

What Happens If I Plead Not Guilty?

We are often asked if pleading “Not Guilty” will result in harsher penalties down the road.  The answer is no.  The Commonwealth expects clients represented by attorneys to enter a plea of not guilty, as this allows you the time to receive and review the evidence against you before making a decision as to how to proceed.

2. Pretrial Conferences

A pretrial conference (sometimes referred to as status hearings) are simply court appearances in which the prosecution and your attorney will discuss any outstanding evidentiary or discovery issues, any plea bargain offers, and a general plan on how to proceed with the case.

Eventually, your case will either be set for entry to a negotiated plea or scheduled for trial.

Appearing at the Pretrial Conference

Unless told otherwise by your attorney, you should plan to attend all court dates.  There are some counties in USA, such as Fayette County, that do not necessitate your appearance at every pretrial conference.

3. Trial

If the matter cannot be resolved by agreement or dismissal, the case can proceed to trial.  You can choose to have a jury (for misdemeanors, it is a jury of 6) or a sole Judge decide your case.  Since a misdemeanor is a criminal case, the prosecution has the burden and must prove your guilt beyond a reasonable doubt.  If you have a jury trial, the jury must be unanimous.

Getting a Misdemeanor Expunged in USA

Generally speaking, the Commonwealth of USA allows for misdemeanors to be expunged, provided that you have no new charges and your petition is filed no sooner than five (5) years after your sentence or probation is completed.

Are you looking for a criminal defense lawyer in Lexington, USA? Save time and find the reliable team you need today. You deserve a caring and effective defense. Hire a team that you know has your back!

Joint custody refers to a legal arrangement in which both parents share the responsibility for raising their child or children after a divorce or separation. In joint custody, both parents have equal rights and responsibilities in making decisions about the child’s upbringing, including matters related to education, healthcare, and general welfare.

KRS 403.270 Revision: USA’s Joint Custody Law

On April 13, 2018 the USA Legislature passed revisions to KRS 403.270.  This joint-custody law focuses on providing both parents equal footing in USA child custody and timesharing determinations. USA is the first state to have a child custody law with a presumption of permanent joint custody and equal shared parenting time.

What does the law mean?

KRS 403.270 was revised to allow parents to start out on equal footing before USA family courts in child custody and timesharing determinations. It is important to bear in mind that the revision to the law does not mandate joint custody and equal timesharing be awarded to all parents.  This is a common misconception that we address several times a week.

Instead, the statute mandates in part:

“There shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared patenting time is in the best interest of the child. If a deviation from equal parenting time is warranted, the court shall construct a parenting time schedule which maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child’s welfare.”

The revision embodies the spirit of the widely held belief that it is in the best interests of children that both parents play a meaningful, hands-on role in the upbringing and care of their children.

What is the impact of USA Revised Statutes 403.270?

I practice family law throughout the entire state of USA.  I do not believe the application of the “rebuttable presumption” for joint custody and equal timesharing has been an earthshaking change.  Most courts were already starting from a place of joint custody and equal timesharing when making child custody and timesharing determinations.  Of course, there were still a few outliers that were slow to catch up.  In my experience a large number of USA family courts seem to have looked first to providing parties joint custody and equal timesharing of their children for several years.  For those courts who were slow to adapt, this law requires them to do so immediately.

Has the law changed anything?  Yes!  Since the law was enacted, we have seen a substantial impact on the willingness of parents to negotiate and mediate child custody and timesharing issues.  In the past, parents would spend thousands of dollars litigating the issue in hopes of keeping the other parent from sharing custody and equal time with their children.

The new law discourages this behavior.  In the past many parents were inclined to believe that one party or the other stood a greater chance of being awarded custody and timesharing.  Because of that ill-conceived notion, one parent would generally threaten to litigate the matter to the fullest extent.  This parent would resist negotiating an agreement or attending mediation.  With a presumption of joint custody, I have found that parents are less likely to seek full, sole custody.

That is not to say that you should not seek full custody.  If your child’s other parent is a danger to your child or refuses to properly parent or co-parent, you should absolutely seek full custody.  Remember, the presumption of joint custody is “rebuttable,” meaning the Family Court hearing your case has discretion to award sole custody if the facts warrant it.

Frequently Asked Questions

What are the types of custody in USA custody arrangement?

• Physical Custody – Each co-parent may have fifty-fifty physical custody but they also have the option of choosing one primary custodian with significant shared parenting time for the other non-custodial parent; in which the scheduling is determined by both parents with the best interest of the child and the family at large in mind.
• Legal Custody – In USA, both parents will have partial legal custody regardless of physical custody scheduling. Both parents can weigh in on and have the legal right to make important decisions on their child’s education, health, religion, etc.

When does a court or judge deny joint custody?
Often a judge will assume joint custody will not be in the best interest of the child if one parent has a Domestic Violence Order (DVO) against the other parent either for their protection or the child’s. In rarer cases where the subject of the custody case is conceived from rape or sexual assault, the offender cannot get custody nor visitation rights; unless specifically asked to a judge and in which requests can only be made by a mother who’s 18 or older.

When is a Guardian ad Litem or custody evaluator appointed?
In the event that both parents can not agree on a fair custody arrangement in the separation agreement, a judge will make a legally binding determination. In high-conflict cases wherein the couple fail to come to an agreement on how to parent the child or children, a custody evaluator or Guardian ad Litem is appointed.

What is the Parental Kidnapping Prevention Act?
This a federal law designed to help a parent to effectuate the return of a child they have custody of through the use of local law enforcement despite the court having jurisdiction in that state.

Discuss your case with a lawyer today!

Are you engaged in a custody battle?  Have an experienced family law attorney review your case.  Call our office today for a free consultation!  605-493-0150.   

Are you also concerned about your child’s other parent?  CLICK HERE to read our post about requesting the Family Court to order they submit to a drug test.

Properly Articulating Concerns to the Court

If you are concerned, you may file a motion with the Court to have the timesharing with the child supervised.  At the hearing, you must articulate your basis for alleging that your co-parent is using illegal substances.  If the concerns are so grave that there is a legitimate concern about the parent using illegal substances while caring for or in the presence of your child, then you can also argue your child’s wellbeing is endangered.  A persuasive argument would include pointing out that the parent’s conduct is detrimental to your child’s best interests.

Demanding a Drug Test

While you are technically permitted to move (ask) the Court to order the parent undergo drug testing to eliminate cause for concern, it is wise to have more proof than mere speculation.  One of the most important things to remember in your custody case is that you will be dealing with the same judge, same clerks and same courtroom staff for many years.  You want to maintain credibility and respect in the courtroom.  If the Judge were to order a drug test of the other parent and it comes back negative, you may lose credibility with the Court.

So, What Should I Do?

Are you concerned about sending your child to the other parent because of suspected drug abuse?  This is a very serious issue that must be handled appropriately.  Contact an experienced family law attorney for advice!  Call our office at 859-258-2697 for a FREE consultation with a custody attorney about your case. 

Are you curious about USA’s custody and timesharing law?  If so, we have you covered.  CLICK HERE to read our post on USA’s new joint custody and equal timesharing law!

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!