The Louisville 1st time DUI lawyers at Suhre & Associates, LLC have helped hundreds of clients fight DUI charges in Kentucky. Our skilled criminal defense attorneys have the aggression you need to stand up for your innocence in the face of these allegations.
When you are arrested for 1st time DUI, the police may try to act like the charges aren’t serious. They will downplay the situation in the hopes that you will make incriminating statements and not hire an aggressive lawyer. Don’t be fooled. Every criminal case – even first offense OWI – needs to be taken seriously.
Do not sit back and hope that this will all go away. Prosecutors in Louisville, KY, care about one thing: their conviction rate. Only an experienced defense attorney can get the state off your back. Contact our law office right away for your free consultation, call us at (502) 371-7000.
How Can Suhre & Associates, LLC Help with 1st Time DUI Charges in Louisville?
When you hire Suhre & Associates, LLC, you are hiring a team with decades of experience representing clients in Kentucky. Our founding attorney, Joe Suhre, has been named a “Leading Lawyer” in DUI defense every year since 2006, a streak he takes pride in.
On top of many years of experience defending clients accused of OWI, our team is also made up of former police officers and prosecutors. This experience helps us in the fight to prove our client’s innocence. We know police procedure like the back of our hand.
Our Louisville criminal defense lawyer will carefully scrutinize every step the police took when they investigated your case. Cases can be won or lost in the small details. If your constitutional rights were violated, we will find out and fight for you.
When you hire us, you can count on us to:
- Understand your side of the story
- File motions to suppress evidence obtained in violation of your constitutional rights
- Fight to get incriminating statements thrown out of court due to Miranda violations
- Negotiate with prosecutors for a favorable resolution
- Fighting your case at trial before a jury
We take every single accusation of driving under the influence extremely seriously. Simply retaining our legal team can make a huge difference in how prosecutors treat you. Hiring Suhre & Associates, LLC tells the state that you won’t be taken advantage of.
When you are charged with first-offense DUI your criminal record, freedom, and driver’s license are all at stake. You need to fight back hard. Contact us right away for your free consultation in Louisville, Kentucky.
What is a DUI in Kentucky?
If you are accused of 1st Offense Operating a Motor Vehicle Under the Influence, the state must prove specific elements of the crime in order to convict you.
The elements of a First Offense DUI are:
- The defendant
- Drove, operated, or had physical control of a car or other motor vehicle
- While under the influence of an intoxicant (alcohol or other drug)
- The defendant has no previous convictions for OWI in the last 10 years
The state may prove that you were under the influence through evidence of impairment such as field sobriety tests, demeanor, appearance, and poor driving. The more common way they prove DUI is through a blood or breath test. It is illegal to have a blood alcohol content (BAC) above .08.
What are the Penalties for 1st Time DUI in Kentucky?
The penalties for 1st time DUI in Kentucky can be quite scary, particularly since this is many of our client’s first contact with the criminal justice system. First Offense DUI is a misdemeanor, and it comes with the possibility of jail time if convicted.
The sentence imposed after a DUI conviction varies widely based on a number of factors. Your attorney will work closely with you to advise you of the penalties you are facing.
By law, the possible penalties are as follows:
- $200 – $500 fine; OR
- Imprisonment for a minimum of two days (four days minimum if aggravating factors are present)
- Maximum imprisonment of 30 days
You could be sentenced to a fine, jailtime, or both. After being convicted, you can apply to enroll in a community service program in place of jail or a fine. The community service program is discretionary and not guaranteed. It lasts for a minimum of 48 hours and a maximum of 30 days.
Your lawyer can help you fight to enroll in the community service program if desired. Another option is to request to serve your time on weekends in order to preserve employment.
DUI sentences vary greatly depending on prior criminal record and whether a number of aggravating factors are present in your case.
Some examples of aggravating factors that can make a 1st offense OWI sentence more harsh include:
- A BAC above .15
- Refusing to take field sobriety tests
- Causing death or injury
- Driving the wrong way
- Driving 30 miles per hour over the speed limit
- Having a minor passenger in the car
Even though first offense DUI is a misdemeanor, you still need to take this very seriously. In addition to possible jail time and fines, your driver’s license will be suspended for four months if you are convicted. Additionally, you will be required to attend a 90 day alcohol or substance abuse program just to get your license back.
We understand how scary the penalties for 1st time DUI can be. We know that good people get caught up in DUI cases, which is why we fight these cases with everything we’ve got. Our team believes in your constitutional right to be presumed innocent unless and until the state proves you guilty.
How Can I Defend Against a DUI in Kentucky?
When the police make a traffic stop and begin investigating a possible DUI in Louisville, they are required to follow strict, complex procedures. If the police make a mistake when conducting their traffic stop and subsequent investigation, it likely means they violated your constitutional rights.
The exclusionary rule requires judges to throw out evidence that was gathered in violation of your Fourth and Fifth Amendment rights. This rule ensures that prosecutors and police play by the law – if they don’t, they can lose their case.
Suhre & Associates, LLC knows how to use the exclusionary rule and other legal strategies to defend our clients on driving under the influence charges. DUI defense is complex, and each case is different. We will work closely with you to determine which approach is best in your unique situation.
Some defenses that may be available include:
- Challenging the reliability of chemical tests such as blood, breathe, and urine
- Showing that police incorrectly administered field sobriety tests
- Arguing that police conducted an unlawful traffic stop when they pulled you over
- Arguing that police lacked the requisite level of suspicion to perform field sobriety tests
Oftentimes, if we are able to have key evidence suppressed, the prosecution will dismiss the case. Criminal defense is always an uphill battle, so we will prepare your case for trial in case the motions are unsuccessful. If you desire a fast and quiet resolution without a big trial, we can work hard to negotiate and meet your goals.
Do not sit back while prosecutors build their case against you. Get ahead of this thing by contacting our team. We will fight to put you back on the offensive.
Contact Suhre & Associates, LLC For a Free Consultation
The Louisville 1st time DUI lawyers at Suhre & Associates, LLC have helped hundreds of clients successfully fight the charges against them. When your freedom, reputation, and driver’s license are on the line, you can trust us to fight for you with everything we’ve got.
Do not make the mistake of thinking you can go it alone. Misdemeanor cases like first offense DUI carry the possibility of jail time in Kentucky. Contact our team so we can get started building your defense.