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DUI Law – A Few Points Worth To Know About Kentucky’s Dui Law.
A Few Points Worth To Know About Kentucky’s Dui Law.
"What Is Kentucky's DUI Law? What Does It Mean?
DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky's DUI law has an ""Illegal Per Se"" provision. ""Illegal Per Se"" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.
Highlights of Kentucky's DUI Law
Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.
'Per Se' BAC Level: .08
Zero Tolerance BAC Level: .02
Enhanced Penalty BAC Level: .18
Implied Consent Law: Yes
License Suspension 1st Offense: 30 days
License Suspension 2nd Offense: 1 year
License Suspension 3rd Offense: 2 years
Mandatory Jail Time after 2nd offense: Yes
Mandatory Alcohol Education: Yes
Mandatory Assessment/Treatment: Yes
Possible Ignition Interlock: Yes
Possible Vehicle Confiscation: Yes
Hardship License while license suspended: No
Open Container Law: For driver and passenger
These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.
Source: KRS Chapter 189A
Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.
How Can I Clear My DUI Record?
you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you're found not guilty after your second trial, then your record will be cleared and the legal
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effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.
The Truth about Lawyers - Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is... OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn't that be better?
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By: Andy Taylor
Article Directory: http://www.articledashboard.com
Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.
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More than 210,000 attorneys are licensed to practice law in California. Of that number, 156,000 lawyers actively practice and provide legal services to the more than 38 million state residents. The Office of Traffic and Safety reports more than 180,000 people are arrested each year in California for driving under the influence.
At some point in their career, many California attorneys represent a person arrested for driving under the influence. However, very few of these lawyers, even those who regularly represent clients in DUI cases, are qualified to do so. The simple fact is that driving under the influence defense is a specialized area of the law, requiring training and experience beyond that which attorneys ordinarily receive during the course of a general law practice.
Accordingly, deciding upon which attorney to hire merits careful consideration. A skilled DUI defense attorney in California may make a significant difference in the outcome because all cases have the potential for a reduced sentence, dismissal or a finding of not guilty following trial. However, if the client decides not to risk taking the case to trial, a skilled drunk driving defense attorney must work to minimize the impact and reduce the consequences by negotiating the best possible settlement.
Many mistakes can be made by those arrested for a driving under the influence of drugs or alcohol. The most common mistake is not hiring a qualified DWI attorney, followed by delaying the hiring of a qualified attorney until critical time limits have passed and valuable rights are lost. Among the most valuable rights which may be lost is the opportunity to challenge the automatic suspension of a California driver's license or privilege to drive in the state of California following a DUI arrest.
Additionally, those accused of DUI should seriously consider hiring an attorney because driving under the influence cases become progressively more complex and the penalties upon conviction become more severe if a person has more than one driving under the influence conviction. Furthermore, increases in penalties, called enhancements, may apply if the breath or blood test indicated high blood alcohol levels, the driver is accused of refusing to submit to a chemical test, or if a person other than the driver is injured in a DUI accident.
Understandably, people want to minimize the expense of hiring an attorney. However, it is important to understand that the least expensive attorney is seldom the best. Typically, the least expensive attorney is inexperienced or will handle a large number of cases and be unable to deliver a high level of service to individual clients. On the other hand, merely hiring the most expensive attorney is no guarantee of a better result. While the outcome may depend upon the ability of the attorney, the specific facts of the case and circumstances surrounding the arrest are a critical component as well.
Furthermore, anyone seeking an attorney to handle a DUI case should know that the seemingly most qualified lawyer or law firm may not necessarily be the best. People are often attracted to a law firm based upon the reputation of a particular attorney or publications which that attorney may have written. However, many attorneys devote significant time and resources developing their individual or firm resume as a marketing tool rather than working on client cases.
In fact, it is not uncommon for the named attorney at a law office to not handle any aspect of a client's case whatsoever. For this reason, anyone considering hiring a lawyer should obtain a commitment that the leading attorney will actually work on the case. Additionally, some attorney rating services will only review an attorney for a fee. For this reason, ratings may not be an accurate indicator of the attorney's skill and may not translate into high quality legal services being delivered to clients.
Membership in professional organizations and attendance at seminars focusing on DUI defense may demonstrate an attorney's commitment to the specialty. Such a commitment directly benefits the client. Similarly, California DUI defense law firms with more than one attorney specializing in DUI defense should demonstrate commitment to clients by regularly sending its attorneys to practice related training and seminars.
In conclusion, while no attorney can guarantee a particular result, the information detailed above will maximize the probability of finding the most qualified attorney to handle a driving under the influence the case in order to ensure the most favorable result.
For More Information: http://www.californiaduidefense.com/
About The Author
Mr. Davidson is from Sun Valley, Idaho where he studied for his Bachelor of Arts degree at the University of Idaho. He also received his law degree from the University of San Francisco, the School of Law. Mr. Davidson has been practicing law since 2002 and is a member in good standing with the State Bar of California. For further information visit his California DUI Attorney website http://www.californiaduidefense.com/.
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DUII Charges When you get arrested and charged with a drunk driving offense, your next move should be to contact an attorney. You see, you might not think.
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