There are certain things you can do and others you should avoid doing if you are pulled over for a first offense DUI in Kentucky. Once you are pulled over and accused of DUI, you need to keep in mind that everything you do will be used against you at trial. The goal is to behave in a way that will help your DUI lawyer win your case. This article will cover the fundamentals of what to do after a DUI arrest in Kentucky.
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 Kentucky 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 CIR Legal we will be there to support you if you find yourself accused of driving under the influence in Kentucky. 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 CIR Legal DUI defense attorney and begin developing your defense from the ground up.
DUI Criminal Penalties in Kentucky
If you are convicted of driving under the influence for the first time in Kentucky, you will face the following penalties:
Fine
Driving Under the Influence (DUI) first offense fines in Kentucky 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 Kentucky 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 Kentucky 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, Kentucky? Or maybe in Louisville, Kentucky? How about Covington, Kentucky? 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!