With the increase in DUI and OVI arrests, Kentucky is one of many states that has recently tightened its drug laws. The Commonwealth treats driving while under the influence of drugs or alcohol as a serious offense that can result in jail time, license suspension, and fines.
If you have been arrested for a drug DUI offense, our experienced DUI attorneys at Ernst & Associates can guide you through the legal process. A Covington drug DUI lawyer will review your case and develop the strongest possible defense strategy to help you avoid a lengthy sentence.
Understanding the State’s DUI and OUI Laws
Kentucky’s DUI laws are among the strictest in the nation. The state enforces a zero-tolerance policy for drivers under 21, and several aggravating factors can increase the resulting penalties and jail sentences. A first-time offense can carry up to 30 days in jail, $500 in fines, and a four-month license suspension. Kentucky also has a 10-year “lookback” period, meaning that judges can review your record for 10 years when calculating how many DUI arrests you have accumulated.
Some aggravating factors can include:
- Driving more than 30 mph over the posted speed limit
- Driving the wrong way on a posted road or highway
- Having a blood alcohol level of 0.15% or higher within two hours of driving
- Having a passenger under the age of 12 at the time of the arrest
These factors can immediately double the penalties, and you may also face a long-term license suspension or revocation. A drug DUI lawyer in Covington can determine whether any of these factors apply to your case and help protect your rights and driving privileges.
Can You Refuse a Chemical Test During a Traffic Stop?
Kentucky has an implied consent law, as do most other states. However, if you refuse to take a field sobriety test, the officer may use your refusal as probable cause for an arrest.
Refusing testing after an arrest can result in an automatic driver’s license suspension. This suspension will last for the duration of the DUI case, and a hardship license for travel to and from work may not be available. In court, the refusal can also be used as evidence showing the defendant knew they were driving while intoxicated. Upon conviction, that inferred knowledge may provide grounds for enhanced penalties.
In cases where the accused appears obviously intoxicated or impaired, officers may use the refusal to obtain a judicial warrant for a forced blood draw. In many situations, it is advisable to take the breathalyzer and allow your Covington driving while impaired attorney to challenge the test’s validity rather than refuse.
Speak With a Covington Drug DUI Attorney About Your Case
DUI arrests are often difficult experiences, and navigating the legal process that follows can be even more challenging. However, a skilled Covington drug DUI lawyer can help guide you through each step. At Ernst & Associates, we build powerful defense strategies to challenge test results, and we can work with prosecutors and judges to obtain referrals to treatment centers and community service.
Our attorneys have more than 60 years of experience defending criminal cases in Kentucky and Ohio, and we are prepared to bring that knowledge to the courtroom. Call us to schedule a free case review today.