If you have been arrested for a Fourth offense + DUI, you need the Louisville Felony DUI lawyers at Suhre & Associates, LLC fighting for you. Our Kentucky criminal defense attorneys take pride in their reputation for aggressive DUI defense. This reputation wasn’t built by “meeting and pleading” clients.
Rather, we built our winning reputation by forcing the state to prove our clients’ guilt beyond a reasonable doubt or leave them alone. We use our 100+ years of combined experience to build your defense and protect your rights.
After a felony DUI arrest, things will start happening quickly. Bail will be set, often with difficult conditions that can set you up for failure. You cannot afford to wait – contact Suhre & Associates, LLC right away for your free consultation. Call us at (502) 371-7000 today.
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How Can Suhre & Associates, LLC Help With Felony DUI Charges in Louisville?
In Kentucky, the seriousness of a DUI goes up as the number of prior DUI convictions increases. A Fourth Offense OWI in ten years is considered a felony. Even so, most people facing felony DUI charges never thought they would be facing possible prison time. Our compassionate team understands that you are a good person caught up in a very bad situation.
Still, you need to take your defense seriously. You can do this by hiring a Louisville criminal defense lawyer to get the state to take you seriously. Our team includes former police officers and prosecutors who know all the state’s tricks.
When you retain our firm to represent you, we can begin:
- Challenging the administration of field sobriety tests as unreliable
- Finding issues with chemical evidence like blood, urine, and breathalyzer tests
- Asserting that your Fourth Amendment rights were violated by police
- Filing motions to suppress incriminating statements obtained in violation of your Miranda rights
- Taking your case to trial to prove your innocence
Every case is different, so we will work closely with you to figure out what happened and how to defend you. Get in touch with Suhre & Associates, LLC today to find out how we can help you.
When is a DUI a Felony in Kentucky?
You can be charged with felony DUI when you have had three prior convictions for DUI in the last ten years. For a fourth offense (or fifth offense DUI, sixth offense DUI, etc.) you are looking at felony charges.
Felony DUI/OVI in Kentucky has four elements. The state must prove the elements beyond a reasonable doubt to convict you:
- Operated or had physical control of a motor vehicle
- With a BAC above .08; OR with a controlled substance present in your blood; OR while under the influence of drugs or alcohol that impaired your driving ability
- You have three prior OWI convictions in the last ten years
At trial, the state can prove the third element in a few different ways. They can prove your blood alcohol content was over .08 based on a scientific test, such as breath, blood, or urine. They can also prove this element by detecting a controlled substance in a lab result. The third and less common way the state can prove a DUI is to prove that drugs or alcohol affected your driving ability without any lab results.
This method would be based on the testimony of a police officer regarding your demeanor and performance in field sobriety tests. Common field sobriety tests include horizontal gaze nystagmus, one-leg stand, alphabet recitation and counting, and the walk and turn.
Obviously, it is much easier for the state to prove an OWI with chemical tests of the blood, breath, or urine. Juries will trust lab results far more than subjective tests of coordination. Regardless of the types of evidence the state is trying to use against you, Suhre & Associates, LLC will use every resource available to fight your case.
What are the Penalties for Felony DUI in Kentucky?
The penalties for Felony DUI are very serious in Louisville, Kentucky. Suhre & Associates, LLC understands that these penalties are scary, which is why we will leave no stone unturned building your defense.
The potential penalty range is the same whether you are charged with a Fourth Offense DUI, Fifth Offense DUI, Sixth Offense DUI, or higher. Any DUI above the 4th Offense is classified as a Class D Felony. However, the actual sentence if convicted will tend to be higher as the number of offenses goes up.
The potential penalties for felony OWI are:
- 1 – 5 years prison
- $1000 – $10,000 fine
- Mandatory one year intensive Alcohol or Drug Treatment Program
- 5 year driver’s license suspension
- Installation of an Ignition Interlock Device
Our team will do everything we can to avoid a conviction and the imposition of these penalties. The sentence imposed varies greatly from case to case based on your criminal record and the presence of mitigating and aggravating circumstances.
Examples of aggravating circumstances that can increase a sentence include:
- Going thirty miles an hour over the speed limit
- Driving on the wrong side of the road
- Injuring or killing someone
- Having a BAC above .15
- Refusing to take field sobriety tests
- Having a minor under age 12 in the car
At sentencing, your lawyer can also present mitigating circumstances to counter what the prosecution is saying. For instance, suppose nobody was injured, and there was no car crash. Suppose your BAC was barely over .08. These could be considered mitigating circumstances, and they may help keep a sentence lower.
How Can You Defend Against Felony DUI Charges in Kentucky?
A felony OWI charge in Kentucky requires an aggressive defense. Drawing on decades of courtroom experience, we know what to do to fight back against allegations that you drove under the influence of alcohol or drugs.
While each case is different, some of the defense tactics in DUI cases include:
- Filing “stop motions” arguing a traffic stop was unlawful
- Filing motions to suppress blood, breath, and urine test results due to constitutional violations
- Showing that field sobriety tests were improperly administered
- Challenging the reliability of eyewitness testimony through cross-examination
Our team will obsessively go over each scrap of evidence to build the right strategy. While some cases are won on big, earth-shattering breakthroughs, most are won through little details.
Of course, no criminal defense lawyer can or should guarantee a particular result. The unique facts of a given case make predicting an outcome impossible. What we can guarantee is that we will fight back!
You can trust us to look at all the evidence to see what corroborates your side of the story, including:
- Police reports
- Witness statements
- Dash cam footage
- Body cam footage
- 911 call recordings
- Blood, breath, or urine test results
For instance, the dash cam footage is most useful in figuring out if the officer made an unlawful stop. Body cam footage is helpful in determining whether the officer interpreted field sobriety test results correctly. Our deep experience in defending OWI cases means we know what to look for.
When you hire us, one of the first things we do is send a discovery demand to the prosecutor. By law, prosecutors are required to send us all the evidence they have on you. If they don’t, they risk their entire case!
Contact Suhre & Associates, LLC Today for Help
Louisville felony DUI lawyer Joe Suhre has a reputation as a leading DUI defense lawyer. When you hire Suhre & Associates, LLC, you send a strong message to prosecutors that you are not going to be pushed around and taken advantage of.
Kentucky takes felony OWI cases extremely seriously. Do not risk your future by delaying or trying to go it alone. Get in touch with our team now for your free consultation, we want to get started fighting for you.