Michael J. Thompson, Attorney at Law

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Kentucky has tough penalties for a breath test refusal

Police, prosecutors and judges are serious about drunk driving charges throughout Kentucky. Their efforts are supported by laws authorizing tough penalties including license suspension, fines, imprisonment, and mandatory alcohol and drug assessment.

A person charged with driving while intoxicated will find that the prosecutor’s job of proving guilt beyond a reasonable doubt has been made easier through a state law declaring that evidence of a blood alcohol content level of .08 percent or higher is sufficient to prove that you were intoxicated. This legal limit is the standard by which intoxication is determined.

When a police officer in Bowling Green ask you to submit to a breath test or to a blood test to measure your BAC level, you might think you have the right to refuse. The truth is that a breath test refusal subjects you to a license suspension that is separate and apart from any penalties, include the loss of driving privileges, that may be imposed if you are found guilty of the DUI charge.

The license suspension imposed the first time you refuse to take a breath test may be up to 120 days. A second refusal can be as much as 18 months. You can lose your license for up to 36 months for a third offense, and any refusal thereafter will result in a 60-month suspension.

Anyone operating a motor vehicle in the state is considered to have given consent for a blood alcohol content level test. A breath test refusal violates the implied consent law and authorizes the license suspension penalties.

When it comes to drunk driving charges, it is important to know and understand you legal responsibilities and your rights. A Bowling Green criminal law attorney should be consulted if you have been charged with driving while intoxicated.

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Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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