This page discusses the specific charge of DUI for drug use. To view a more general discussion about DUI charges in Kentucky, click here.
Driving Under the Influence – Drugs
Kentucky law makes it unlawful for any person to operate a motor vehicle while under the influence of drugs that impair your ability to drive. The statute specifically sets out the following drugs as being recognized to impair your ability to drive:
Any Schedule I controlled substance except marijuana; Alprazolam; Amphetamine; Buprenorphine; Butalbital; Carisoprodol; Cocaine; Diazepam; Hydrocodone; Meprobamate; Methadone; Methamphetamine; Oxycodone; Promethazine; Propoxyphene; and Zolpidem.
DUI cases involving drugs have many legal intricacies. There are many statutory and medical requirements which must be met before the prosecution can introduce your blood results as evidence against you. For instance, the blood test must occur within two (2) hours of vehicle operation. If blood is drawn outside of this two hour window, the prosecution must prove actual impairment from the drug or may lose the evidence altogether. This is especially difficult for drugs that are not measured in levels, such as Amphetamine. Hire a team of attorneys that understand these important details and are prepared to fully develop your defense.
Did you know that police officers are required by law to use a special testing kit for a DUI blood draw? That’s right – if a hospital uses a standard blood draw kit, that blood draw is more likely than not inadmissible as evidence against you. Did you know that prosecutors lose the “presumption of guilt” against you if have a valid prescription and are within therapeutic levels of your prescription? Again – it is important to hire a team of attorneys who are experienced in DUI defense and know what evidence to challenge.
Edward Cooley is one of very few attorneys in Kentucky to be a member of the National College for DUI Defense. Each of our attorneys attend National Association of Criminal Defense Attorneys (NACDL) seminars in Nevada regarding new, cutting edge defenses to DUI charges. Driving Under the Influence cases are especially complex because they require an understanding of both scientific and legal processes. If you want your case thoroughly evaluated and vigorously defended, contact us at 859-258-2697 to speak with an attorney about your DUI charge.