July 8, 2022 | DUI
Many DUI cases in Louisville, KY do not go to trial. They may be resolved prior to the trial date because the charges are dismissed or reduced, or the defendant may agree to accept a plea bargain.
Your criminal defense lawyer can review your situation and recommend whether it is in your best interest to take your DUI case to trial.
What Is DUI in Kentucky?
DUI stands for driving under the influence and can refer to impaired driving due to:
- Illegal drugs
- Prescription drugs
- Over-the-counter medication
- Inhalants such as glue, spray paint, or gasoline
Often, DUI charges are lodged against a defendant when they test over the legal drinking limit of 0.08% for drivers age 21 or older or 0.02% for younger drivers. There is a legal presumption of impairment above these limits. However, even if a driver is below these legal limits, they can still be found guilty of DUI based on additional evidence of actual impairment.
Factors that Affect Whether a DUI Case Goes to Trial in Louisville
A defendant and their lawyer may consider many factors when determining whether or not to go to trial, including:
- The potential to raise defenses that would lead to the dismissal of charges or a strong defense for an acquittal
- The availability and strength of a plea bargain the prosecutor offers
- The defendant’s preference to avoid certain penalties that could correspond with a DUI conviction
- The lawyer’s experience level and previous success in making effective arguments before or at trial
- The number of similar cases pending before the court
- Whether the defendant has a prior conviction
- The evidence against the defendant
- The prosecutor’s caseload
What Are Possible Defenses to DUI Charges in Kentucky?
There may be various defenses that you can raise to DUI charges in Kentucky, including:
Legal defenses may argue that the underlying stop or arrest was not lawful because the arresting officer did not observe any type of traffic violation or arrested you without probable cause.
Medical defenses may be available that explain why your blood alcohol test showed a higher concentration at the time of testing than at the time you were pulled over. Certain medical conditions, foods, or even belching can account for this possibility.
Defenses to Poor Field Sobriety Test Results
If the arresting officer conducted field sobriety tests, your lawyer may argue that these results are not accurate because:
- You did not understand the directions because English is not your first language
- Your footwear was not appropriate for the test
- You are obese or have other medical conditions that make the results inaccurate
- The roadway was uneven
- The officer did not give test instructions correctly or did not give an example as required
If your lawyer can successfully argue that these results were inaccurate, there might be less evidence to convince a judge or jury that you were actually impaired.
Other defenses may attack the way that evidence was collected or processed.
For example, your lawyer may argue that:
- The Breathalyzer machine was not properly calibrated
- The technician who operated the Breathalyzer machine did not properly operate it
- The medical technician who took your blood, breath, or urine sample did not process your sample correctly or broke the chain of custody
Your lawyer can determine if other defenses may apply in your particular case.
Should I Go to Trial for a DUI Case in Louisville?
Whether you should personally go to trial or not depends on your specific situation. Going to trial carries certain risks, such as being subject to the maximum penalties.
Your lawyer cannot guarantee a certain outcome. However, your lawyer can review the evidence against you, any plea bargain offers, and your possible defenses to give you legal advice tailored to your particular situation.
An experienced criminal defense lawyer will be familiar with possible defenses to these charges and effective strategies they can use to mitigate risks.
Contact the Louisville DUI Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Louisville
214 Clay Street, Suite A
Louisville, KY 40202