Kentucky DUI breath tests are commonly used by police officers in order to secure convictions, despite the fact that they are prone to errors and can be heavily unreliable. Whether you’ve been charged with DUI based on a breath test in Lousiville, KY, or are simply looking for information as to how to protect yourself, Suhre & Associates, LLC is here to help.
Our Louisville DUI breath tests lawyers have over a century of combined experience practicing law. In that time, they’ve successfully helped clients overcome all types of criminal charges, including DUI. Let us put that experience and expertise in your corner today.
To get started on forming an attorney-client relationship, give us a call at (502) 371-7000 or send us a communication online. We’re available 24/7, and we offer a free initial consultation to review your case.
How Suhre & Associates, LLC, Can Help With a DUI Breath Test in Kentucky
If you’ve recently been charged with a DUI based on the results of a breath test, you might be wondering what options you have available to you as far as your defense goes. If you have yet to be charged, you might be wondering whether you can reject taking a test if an officer offers you one. Or you might just be unclear on the law pertaining to DUI breath tests in Kentucky.
The experienced Louisville DUI attorneys with Suhre & Associates, LLC, can help you in any scenario. Our legal team includes former police officers and prosecutors, which means we’re able to provide more effective legal services as we know how the other side likes to operate. When you hire Suhre & Associates, LLC, to represent you, we can help by:
- Apprising you of your legal options at each stage of your case
- Handle all communications and negotiations with the police and prosecution
- Represent you in court or at trial, if necessary
- Hire experts to analyze the validity of your breath test and to collect any exculpatory evidence
- Protect your constitutional rights and ensure you aren’t taken advantage of by prosecutors
Kentucky Law Regarding DUI Breath Tests
The primary piece of legislation that applies to DUI in Kentucky is KRS 189A.010. This overarching statute describes various aspects of DUI in the state: it defines what constitutes a DUI, lays out potential penalties, and provides various stipulations about the offense. A few key portions of this law are worth pointing out in the context of a DUI breath test.
Can You Refuse To Take a DUI Breath Test in Kentucky?
Kentucky law does allow you to refuse a breath test. This is based on the 4th Amendment to the United States Constitution, which protects you from unreasonable search and seizure. However, because Kentucky recognizes driving as a privilege and not a right, there are consequences for refusing to take a breath test.
Kentucky’s Implied Consent Law
Kentucky has what is called an “implied consent” law in place. By driving a car in the State of Kentucky, you have impliedly agreed to consent to a blood alcohol content (BAC) test provided that the officer has “reasonable grounds” to believe you were driving under the influence. This part of the statute allows the state to impose penalties if you refuse to take the breath test.
Penalties for Refusing a Test
The state will revoke your driver’s license if you refuse to take a breath test. If it is your first time refusing the test, your license will likely be suspended for 30 days. A second refusal will result in a one-year license suspension, and a third will result in a two-year suspension. In addition, if you are convicted of DUI after refusing a breath test, you could face double the mandatory minimum jail sentence.
Should You Take a DUI Breath Test in Louisville, Kentucky?
With this information in mind, it still may be in your best interest to refuse to take the test. It will depend on the facts of your situation and your level of intoxication. You are allowed by law a short period of time to contact an attorney before deciding whether to take the test. We strongly recommend contacting our Louisville DUI breath test lawyers if you can, prior to giving an answer as to whether you will take the test.
Schedule a Free Consultation With Our Louisville DUI Breath Test Lawyers
The law in Louisville, Kentucky, regarding DUI breath tests can be confusing. On the one hand, the state does allow you to refuse to take the test. But on the other hand, Kentucky law is set up such that you have impliedly consented to take one by getting behind the wheel of a car. It’s not always clear whether you should refuse to take the test, as it could potentially either help or hurt your case.
It’s best not to guess the right decision to make in this scenario. Instead, reach out to the experienced Louisville DUI lawyers with Suhre & Associates, LLC. You are allowed some time to contact an attorney before deciding whether to submit to the test; take advantage of that opportunity and contact our legal team.
We can also assist if you’ve already decided whether or not to go through with the test and are instead at a different stage of your DUI case. We’re available 24/7 to take your call or you can reach out to us online.