Oak Grove Drug DUI Lawyer

Oak Grove Drug DUI Attorney

An officer can initiate a criminal investigation during a traffic stop on Fort Campbell Boulevard, near Interstate 24, or along the Kentucky-Tennessee state line if they suspect impairment by drugs. An Oak Grove drug DUI lawyer may review the circumstances of the traffic stop, how drug impairment was determined, and whether chemical test evidence supports the prosecution’s allegation.

Michael J. Thompson Attorney at Law defends individuals charged with DUI related to drugs, prescription medication, and controlled substances in Oak Grove and elsewhere in Christian County.

Local Criminal Defense With Michael J. Thompson Attorney at Law

Michael J. Thompson was raised on a farm near where he now practices law. After serving four years in the U.S. Marine infantry, he returned to start a family and practice law in the community he still calls home. He was admitted to the bar in 2009. Today, Thompson continues to serve civilian and military clients across Kentucky and Tennessee.

Attorney Thompson is licensed in both Kentucky and Tennessee and admitted to federal practice. His case strategy involves thorough preparation and straightforward communication.

Kentucky Drug DUI Laws Explained

Kentucky Revised Statute § 189A.010 makes it unlawful to drive or be physically in control of a vehicle while intoxicated by alcohol, drugs, or another substance that impacts your ability to drive. The law also creates a separate offense for driving when listed controlled substances are present in the driver’s blood based on qualifying test results.

Drug DUIs are different from alcohol DUIs because impairment is not typically based on meeting a standard numerical threshold for everyone. To prove impairment to the prosecutor, chemical evidence, officer observations, and traffic stop facts may be used instead.

Marijuana is another issue that deserves special mention. Marijuana is not included on the list for the specified-substance provision of Kentucky’s DUI statute. However, driving while impaired by marijuana can still get you a DUI in Kentucky.

Drug DUI Law and Prescription Medications

A prescription for medication doesn’t automatically protect you from drug DUI charges. Many medications can cause drowsiness or other side effects that impact your ability to pay attention or stay coordinated, even if you take them exactly as prescribed. For example, sedatives and prescription opioids have led to DUI charges.

Medical documentation, prescriptions, dosage instructions, and even timing can become key facts when you are facing a drug DUI charge. Impairment prosecutions are based on whether your ability to safely operate a motor vehicle was affected by a substance.

Oak Grove Drug DUI Penalties

Most drug DUI punishments fall under the same guidelines as alcohol DUI convictions. For a first offense within ten years, penalties can involve a fine of up to $500, along with a jail term ranging from 48 hours to 30 days, or both. Community service may be an option depending on the circumstances.

Jail and fines increase with a second conviction within a specified period of time. Fourth and subsequent convictions are Class D felonies. Aggravating factors increase mandatory jail sentences. License suspensions and additional substance abuse programs may apply to drug DUI offenders.

The state is no stranger to DUI drug arrests. Kentucky made 211 drug DUI arrests during a statewide enforcement campaign held over two weeks in 2024. That includes contributions from 336 law enforcement agencies across the state.

During that same period, Kentucky law enforcement made 418 alcohol-related DUI arrests. Most DUI arrests that occur in Oak Grove will be prosecuted in Christian County. The Christian County Justice Center can be found at 100 Justice Way, Hopkinsville, KY 42240.

Hire a Drug DUI Lawyer

When you hire a drug DUI lawyer in Oak Grove, KY, they can obtain police reports, bodycam video, lab reports, and any other information we can find about the circumstances of your traffic stop. Your attorney can investigate how chemical samples were collected and stored to determine if the prosecution followed every requirement during the testing process.

An Oak Grove drug DUI attorney can file motions to suppress illegally obtained evidence. We can also look at the facts of your case to determine if the prosecutor can prove you were impaired and discuss defenses available to people who take prescription medications. Speaking with a lawyer also allows you to have your plea offer reviewed and learn about your options before making a decision.

FAQs About Oak Grove, KY Drug DUI Laws

Can I Be Charged With Drug DUI If I Was Parked When Police Arrived in Oak Grove?

Yes. You can still receive a drug DUI charge in Oak Grove while parked when police arrived for being in physical control of a vehicle while impaired. Even if the car is stationary, courts have ruled that a driver can still be in physical control of the vehicle. Factors the courts might consider include whether the driver was inside or outside of the vehicle, if the engine was on, and whether or not the vehicle was operational.

Can Police Charge Me With Drug DUI Without Finding Drugs in My Vehicle?

Yes, you can be charged with drug DUI even without the police finding drugs in your vehicle. An officer might begin investigating you after noticing signs of impairment. What you tell the officer in response to their questions, or what they record in their report after watching how you act, could serve as this evidence.

How Long Does a Drug DUI Stay on My Criminal Record in Kentucky?

In Kentucky, drug DUI convictions do not simply fall off your criminal record after a certain amount of time passes. Kentucky uses a 10-year lookback period for the purpose of increasing DUI penalties for repeat offenders, but DUI convictions do not go away after 10 years. First-offense DUI convictions that are misdemeanors can potentially be eligible for expungement after waiting a certain period of time, if you meet certain qualifications.

Can I Travel Outside Kentucky While My Drug DUI Case Is Pending?

Just because you have been arrested for drug DUI in Oak Grove does not mean you are unable to travel. You are typically given certain conditions that you need to abide by after your arrest. These conditions could include a prohibition on leaving Kentucky. You could face other charges if you fail to appear in court as well. Be sure to review your conditions before leaving.

Contact Michael J. Thompson Attorney at Law Today

If you have been accused of drug DUI, you do not have to handle the legal aftermath alone. Michael J. Thompson Attorney at Law can help. Contact us today for more information.