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Drunk Driving Archives

Drunk driving defense requires attention to the details

If you have watched an episode of the television series, "Cops," you have probably seen many examples of how police officers stop and arrest people for drunk driving. It can be easy to conclude from such a limited sample that drunk driving cases are straightforward matters which are easy for prosecutors to reach a conviction. But our practical experience in defending clients against DUI and DWI charges shows that this is often not the case.

Proving drunk driving: What do the numbers really mean?

Ask motorists in Bowling Green, Kentucky, to describe the significance of the number 0.08, and most of them will probably tell you that it represents the legal limit for driving while intoxicated in Kentucky. Not as clear in the minds of many people is how a blood alcohol content level of 0.08 percent works as evidence against a driver facing a DUI charge.

Connection between Kentucky legal limit and breath test refusal

Prosecutors in Kentucky have the upper hand in proving a DUI charge thanks to the addition of an illegal per se clause in the state's drunk driving laws. If a motorist is stopped by police and charged with driving while intoxicated, evidence that the driver's blood alcohol content level was 0.08 percent or higher is sufficient for prosecutors to obtain a conviction without any additional proof that the individual's driving abilities were affected.

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.

What happens during a field sobriety test in Kentucky?

A Bowling Green motorist who has the misfortune of being stopped by a police officer on suspicion of driving while intoxicated might be asked to submit to a field sobriety test. The purpose of the test is to provide the officer with the probable cause needed to take a driver into custody on drunk driving charges.

When you need protection from the consequences of a DUI charge

Imagine having to get to school or to work in Bowling Green without a driver's license. How would you get to the store or to a doctor's appointment if you could not drive? Sure, public transportation, taxicabs or some of your friends might offer some help, but they can be expensive, and, let’s face it, your friends certainly do not offer the same convenience and reliability as walking out your front door and getting behind the wheel of your car.

Law would require ignition lock device in Kentucky after two DUIs

After a DUI conviction, one of the most invasive types of punishment that a court has the ability to hand down is the requirement that an ignition interlock device be installed on the vehicle driven by the person convicted. In its most basic description, the device contains a breathalyzer which must be used whenever the driver tries to start the vehicle. If the breathalyzer detects that the blood alcohol concentration of the operator's breath exceeds .02 alcohol concentration, the ignition will not activate. Not only will the vehicle not start, but failure to do the test or failing the test, automatically notifies law enforcement of the violation. The Kentucky Code addresses these requirements.

What are the consequences of a second Kentucky DUI conviction?

The consequences of a conviction for driving in Kentucky while under the influence of alcohol or other intoxicants can have an effect on your life for years after the case is over. The criminal record associated with a misdemeanor or felony drunk driving charge conviction can hurt your ability to get or keep a job, and it can result in increased auto insurance rates. It can also affect the penalties a court may impose for a subsequent drunk driving offense.

Police can make mistakes that can affect your DUI/DWI defense

One of the defining characteristics of human beings is their capacity to make mistakes. Police officers are not perfect, and they can commit errors during a traffic stop that can have serious implications for you if you are charged with a DUI offense.

Michael J. Thompson, Attorney at Law

Michael J. Thompson, Attorney at Law
15744 Fort Campbell Blvd
Oak Grove, KY 42262

Toll Free: 866-397-7788
Phone: 270-605-0441
Fax: 270-439-1177
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