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It may look like drunk driving, but is it?

Law enforcement agencies, prosecutors and courts throughout Kentucky do not take drunk driving charges lightly. Those charged and convicted of driving while intoxicated or driving under the influence may face fines, license suspension and other penalties. An important point to bear in mind is that a DUI charge is not the same as a conviction. Charges are just allegations until they are proven in court or until a person pleads guilty to them.

For example, doubts have been raised about charges filed against a school bus driver who was recently taken into custody by state troopers. Police charged her with DUI after she was reported to be at the wheel of a bus with more than 40 high school students and adult on board. According to accounts of the incident, the state police found the driver and the bus at a convenience store to which they were directed by a report called in by an off-duty deputy sheriff. Besides the DUI charge, the 46-year-old driver was also charged with not having a prescribed controlled substance in a proper container.

A criminal defense attorney might be able to help a person to confront allegations of drunk driving. Legal issues such as procedures used by the police to stop the motorist, methods of administering a field sobriety test or procedures for obtaining breath test results might lead to defenses against the charges. Factual issues can also lead to a defense in a DUI case, such as might happen in the charges against the school bus driver.

An investigation of the incident by the school bus driver’s employer might also lead to a defense. According to a statement issued by the bus driver’s employer, a medical problem and not alcohol or drugs might have caused the driver to appear to be operating under the influence. All parties involved are awaiting the results of test results from a laboratory.

Source: WDRB, “KSP: Bus driver arrested for DUI; charges could be dropped,” Nov. 24, 2014

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