Were you or a loved one charged with a 2nd time DUI after a traffic stop in Louisville, KY? The penalties for a repeat offense DUI can be harsh, and many include steep financial fines, mandatory minimum jail time, and loss of your driving privileges. An experienced Louisville 2nd time DUI lawyer at Suhre & Associates, LLC can help you build the best defense possible to fight the charges.
Our experienced DUI defense lawyers have over 100 years of experience helping clients like you. We have the knowledge and skills needed to help you minimize the consequences of a second-time DUI offense.
How Suhre & Associates, LLC Can Help If You Were Arrested for a 2nd Time DUI in Louisville
The substantial penalties that apply in DUI cases only become harsher if you’re arrested and convicted a second time. Judges and prosecutors have little sympathy for repeat offenders. After all, they assume you should have learned your lesson the first time around.
You deserve an experienced Louisville DUI lawyer who can help you overcome this bias and fight for the best possible results in your case.
At Suhre & Associates, LLC, our team includes former police officers and prosecutors who know the system inside and out. In fact, we know more about field sobriety and chemical testing than most police officers do.
When you hire our trusted attorneys to protect your legal rights, you can expect us to:
- Conduct our own investigation into the circumstances of your arrest
- Obtain all dashcam footage, test results, and other prosecutorial evidence
- Examine all available evidence to find holes in the prosecution’s case
- Hire experts and specialists when necessary to prove your case
- Negotiate with the prosecutors to have your charges downgraded or the case dismissed
Our Louisville criminal defense attorneys have helped countless clients obtain successful results in their DUI cases over the years. We’re well-equipped to help you. Just give us a call to learn more about our practice today.
Overview of 2nd Time DUI Charges in Louisville, KY
As in all other states, driving under the influence of alcohol or drugs is illegal in Kentucky. Under Kentucky state law, it’s illegal to operate or control any motor vehicle if:
- Your blood alcohol content (BAC) reading is 0.08% or greater (0.02% if you’re under age 21)
- The police can prove that you are under the influence of alcohol
- You’re under the influence of alcohol or a controlled substance that impairs your driving ability
- A chemical test detects certain controlled substances in your blood (for example, cocaine, methamphetamines, and other drugs)
Kentucky also follows a “per se” rule for DUI traffic violations. It’s illegal per se to operate a vehicle with a BAC of 0.08% or higher. In other words, the police don’t have to prove that you were impaired by alcohol or drugs to arrest you if your chemical tests show a BAC of at least 0.08%.
On the other hand, they don’t need a chemical test reading to arrest you. Even if you refuse a chemical test, the police can use their own observations about your level of impairment to convict you on DUI charges.
Regardless of the circumstances, if you’re convicted of a DUI for a second time within a ten-year period, you’re considered a repeat offender. That means you’ll be subject to harsher penalties.
Were you arrested for drunk driving in Jefferson County for a second time? Call our experienced Louisville DUI attorneys at Suhre & Associates, LLC for immediate assistance. To increase your odds of a successful outcome, it’s important to start building an aggressive defense as quickly as possible after your arrest.
What are the Penalties for a 2nd Time DUI Charges in Louisville, Kentucky?
The penalties for a DUI conviction in Louisville become much more severe if you’ve had a prior conviction. Kentucky police and prosecutors will assume that you’re a habitual offender who is likely to continue reckless driving in the future.
However, only DUI convictions in the previous ten years are considered in determining whether you’re a 2nd-time offender. Older DUIs aren’t counted in determining the penalties the judge can hand out. However, note that a fourth DUI is a Class D felony.
For your 2nd time DUI conviction, the potential penalties may include:
- Between seven days and six months in jail
- Between $350 and $500 in fines
- Between ten days and six months of community service
- Substance abuse treatment for at least one year
- Driver’s license suspension for between 12 and 18 months
In cases involving repeat offenders, the court is allowed to suspend your driver’s license before you’ve even been convicted of the 2nd DUI.
Under Kentucky law, your license can be suspended before your 2nd DUI trial if:
- Law enforcement arrested you for a DUI
- There is reasonable cause to presume you were operating the vehicle under the influence
- You have a prior DUI conviction or refused to take a chemical test in the past ten years
It is possible that the court may grant limited driving privileges. For example, the court may grant you a hardship license to drive to work, school, or a substance abuse program. You’ll have to install an ignition interlock device to obtain restricted driving privileges.
However, using the vehicle for non-permitted purposes is a Class A misdemeanor – and the court will tack on an additional six-month license suspension.
Penalties for a 2nd Time DUI With Aggravating Factors
Aggravating factors are circumstances that make the DUI offense more serious.
Examples of aggravating factors that may apply under DUI laws in the state of Kentucky include:
- You refused to submit to a chemical test
- Your BAC reading was 0.15% or higher
- You were operating a motor vehicle at a speed that exceeded 30 mph over the speed limit
- You caused an accident that resulted in serious injury or death
- You were driving in the wrong direction on a limited-access highway
- A passenger under the age of 12 was in the vehicle
If you’re convicted of a 2nd time DUI with aggravating factors, a mandatory minimum jail sentence applies. You’ll be required to serve 14 days in jail without the possibility of probation or conditional discharge.
What Defenses Can Be Raised if I’m Accused of a 2nd Time DUI?
In any cases involving vehicular crimes, it’s important to build an effective defense. Police and prosecutors take repeat offense DUIs seriously. You should expect the prosecution to do everything possible to secure a conviction.
Our experienced Louisville DUI defense attorneys know how the other side thinks–and we know how to give you the best chance of having your charges downgraded if at all possible.
Examples of legal defenses that may be effective in your case may include:
- Lack of probable cause for the traffic stop
- Lack of probable cause for the arrest
- The chemical test was not administered within two hours of you operating the motor vehicle
- Disputing the accuracy of the breath test machine
- Challenging how law enforcement officials calibrated or maintained the breathalyzer
- Challenges to how blood or urine tests were administered
- Challenging how the police administered field sobriety testing
- Providing evidence that you weren’t actually in control of the vehicle
- Other constitutional violations that can result in evidence being excluded from consideration
- Your prior DUI conviction is more than ten years old
- Challenges to whether your prior DUI conviction should stand
The police in Kentucky often use dash cams when they stop a driver. It’s possible that the dashcam could provide evidence that might help or hurt your case. Our lawyers can evaluate all of the evidence to determine the best defense strategy in your case.
In some cases, our legal team might use mitigating factors to convince the prosecution to reduce your charges. Unlike aggravating factors, mitigating factors are circumstances that can be used to reduce the severity of the criminal offense.
Examples of mitigating factors include:
- You have cooperated with law enforcement throughout the entire process
- You’re seeking drug or alcohol counseling in an approved rehabilitation program
- You did not cause an accident, injuries, or property damage
Every case is unique. If you’re facing criminal charges, you can expect our lawyers to take the case as seriously as you do. We’ll never use a cookie-cutter defense strategy. Instead, we take the time to review the facts of your case, conduct our own investigation and develop the defense that’s best for you.
Are you ready to learn more? Call our Louisville DUI lawyers for a free case evaluation today.
Contact a Louisville 2nd Time DUI Lawyer for a Free Consultation
You probably feel overwhelmed and frightened if you’ve been charged with a DUI for a second time. You shouldn’t risk your future by handling your case alone. An experienced Louisville 2nd time DUI lawyer at Suhre & Associates, LLC can help you build the most aggressive defense possible. All you have to do is call our criminal defense law firm for a free case review today.