Louisville DUI lawyer.

A DUI is a process. Each step is a place the Commonwealth can get it wrong.

Kentucky's DUI statute makes it an offense to operate a vehicle with a blood or breath alcohol concentration of 0.08 or more, at 0.02 for drivers under 21, or to operate while impaired by alcohol or drugs regardless of the number. Commercial drivers face separate disqualification rules at 0.04. To prove it, the Commonwealth has to show a lawful reason for the stop, a proper basis for the arrest and a test administered according to the rules. Justin, who prosecuted these cases, knows where they fall apart.

Where DUI cases are won

• The stop. An officer needs reasonable suspicion of a traffic violation or impaired driving. Weaving within a lane or leaving a bar are not, by themselves, enough. If the stop was unlawful, the evidence gathered after it can be challenged.
• Field sobriety tests. The walk-and-turn, one-leg-stand and eye tests are only meaningful when administered exactly as trained, on level ground, to a suitable subject. Video from the cruiser often tells a different story than the report.
• The breath or blood test. Kentucky requires observation periods, calibrated instruments, certified operators and proper handling of blood samples. Timing matters: the test has to relate back to when you were driving.
• Your rights. Kentucky gives a driver the right to attempt to contact an attorney before testing and to an independent test afterward. Denial of those rights matters.

License consequences

In certain situations, such as a refusal or a qualifying test result with prior offenses, a DUI arrest can lead to license action before the criminal case is decided, and a conviction carries its own suspension. Kentucky offers ignition interlock in many situations so that a driver can keep driving. Justin addresses the license from the first day because for most clients it is the consequence that affects daily life most.

Repeat offenses

Kentucky looks back ten years when counting prior DUI offenses, and penalties escalate sharply with each one; a fourth offense within that window is a felony. A prior out-of-state DUI can count. If you have a prior, the stakes of the current case are higher and the value of a technical defense is greater.

Traffic offenses and your record

Reckless driving, driving on a suspended license, leaving the scene, excessive speeding and other traffic charges are criminal matters in Kentucky, not just tickets, and they accumulate points and insurance consequences. Justin handles them with the same attention as a DUI, often resolving them with amendments that protect the license and the record.

Practical advice if you are stopped

Be polite. Provide your license and insurance. You are not required to answer questions about where you have been or what you have had to drink, and you may decline the roadside field sobriety tests. Refusing the breath test at the station has consequences of its own, so the decision is not simple; if you can reach an attorney, Kentucky gives you the chance to try. Then call Justin.