Being apprehended for driving under the influence (DUI) in Louisville, KY, can lead to an extremely anxiety-inducing situation. The repercussions of a DUI conviction can be severe and may affect your life for a considerable amount of time. You might be subjected to imprisonment, substantial monetary penalties, and even the suspension of your driving privileges.
However, an experienced Louisville DUI defense attorney can represent you throughout the entire process and help ensure your rights and interests are maintained. For help with a DUI arraignment contact us at Suhre & Associates to schedule a free consultation at (502) 371-7000.
How Suhre & Associates, LLC, Can Help If You’re Arrested for DUI in Louisville, Kentucky
Having a competent attorney to assist you with a DUI case is crucial. At Suhre & Associates, LLC, our Louisville DUI attorneys have over 100 years of combined experience. Further, our legal team includes former police officers and prosecutors; we have inside knowledge of how the other side operates.
Here’s why we’re the right team to help you after a DUI arrest:
- We will listen to your story to determine what happened.
- We will review evidence, such as police reports and chemical tests. We will examine any discrepancies or errors in the manner evidence was gathered or evaluated.
- Should we identify any issues with the evidence and how it was collected, we can submit a motion to exclude it. If we succeed, this could lead to the withdrawal or reduction of the charges against you.
- We can also speak with witnesses who can testify that you weren’t intoxicated. This could include passengers in your vehicle or even bystanders at the scene of the arrest.
Reach out to us today to learn more about what we can do to help with your DUI arraignment in Louisville, Kentucky.
Overview of DUI Arraignment in Kentucky
One of the first legal proceedings that a defendant will face is an arraignment. This is the first occasion when the defendant will stand before a judge after being charged with a DUI.
At the arraignment, defendants will receive information on the charges they face and the potential penalties that come with them. They will also be advised to seek legal counsel to help them navigate the legal process. An experienced attorney can provide a solid understanding of DUI laws and help a defendant make informed decisions about their case.
Another critical consideration during the arraignment process is bond. The judge will address the issue, which refers to the amount of money the defendant must pay to be released from custody.
Pre-Trial License Suspension at Arraignment
Kentucky statute requires a pretrial suspension of your license for the duration of the case when certain conditions exist. These conditions include:
- A refusal of breath, blood, or urine test;
- A prior DUI within the past 5 years;
- A license suspension in the past five years for refusing a breath, blood, or urine test; or
- Being involved in an accident that caused death or serious physical injury.
If any of these conditions apply to your case, you will face an automatic license suspension at your arraignment hearing.
What Are the Penalties for DUI in Louisville, Kentucky?
1. First Offense DUI Penalties in Kentucky
A first-offense DUI in Kentucky carries a $200-$500 fine, 2-30 days in jail, 90 days of alcohol or substance abuse program, 30-120 day license suspension, and up to 30 days of community service.
2. Second Offense DUI Penalties in Kentucky
A second offense DUI in Kentucky may include a $350-$500 fine, 7 days – 6 months in jail, 1 year of alcohol or substance abuse treatment, 12-18 month license suspension, and up to 6 months of community service.
3. Third Offense DUI Penalties in Kentucky
A third-offense DUI charge in Kentucky includes a $500-$1,000 fine, 30 days-12 months jail time, 1 year of alcohol or substance abuse treatment, 24-36-month license suspension, and up to 12 months of community service.
4. Fourth Offense DUI Penalties in Kentucky
A fourth-offense DUI charge in Kentucky is classified as a Class D Felony with a minimum of 120 days imprisonment. You will also need 1 year of alcohol or substance abuse treatment and undergo a 60-month license suspension.
What Defenses Can Be Raised If I’m Accused of DUI in Louisville?
In most cases, there are several DUI defenses that can help you avoid or reduce the charges.
Faulty Breathalyzer Equipment
Police officers often use breathalyzer tests to measure blood alcohol concentration (BAC). However, the breathalyzer may produce false positives or produce results that are higher than your actual BAC. Your attorney can challenge the results to argue that there isn’t valid proof of your intoxication.
The prosecution must prove beyond a reasonable doubt that you were impaired at the time of your arrest. If you can demonstrate that your actions, behavior, and driving patterns were consistent with sobriety, this could be a strong defense.
Another possible defense is the “rising BAC” defense. This defense asserts that your BAC was under the legal limit while you were driving, but it rose above the limit by the time you were tested. This can occur if you had a drink just before driving or if your body was still absorbing alcohol from previous drinks at the time you were tested.
Schedule a Free Case Evaluation With Our DUI Arraignment Lawyers
If you are facing DUI charges, do not hesitate to contact an experienced Louisville DUI defense attorney who can help you explore your options and defend your rights in court. Contact Suhre & Associates to schedule a free consultation.