Recently the Kentucky legislature changed the look back period for multiple DUI convictions fro 5 to 10 years. Many challenges to this law arose and arguments ranges from constitutional violations for double jeopardy, equal protection or due process to violation of contracts for those that relied upon the plea agreement which advised of the 5 year look back provisions.
Unfortunately ffor those charged, the Ky. Supreme Court recently upheld the legislatures change to the 10 year look back.
What does this mean?
Well, if you have had a previous conviction in the past 10 years and you are now charged with DUI,you are facing mandatory loss of license at the first court appearance. Also, mandatory jail time if convicted and loss of license for a year or more.
If you are charged with a first or subsequent DUI, you should not handle it without an experienced DUI and criminal defense attorney. For a consultation and price estimate, call Mike at Bouldin Law Firm at 859-581-6453 or email Mike@bouldinlawfirm.com.
In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.
Not surprising, the trial courts were greatly divided on how to handle a second offense if the first was more than 5 but less than 10 years prior. The appeals courts were similarly divided. Somewhat surprising, the Kentucky Supreme Court was unanimous in their holding that the 10- year look-back is constitutional and not a violation of the rights of the Defendant.
As you may imagine, there are many criminal defendants that are not happy about the ruling and subject to greater penalties, including higher fines, longer suspension of license and mandatory jail time. This new 10 year look back period increases the need for criminal representation and exploring possible defenses to DUI charges; whether first, second or multiple offense.
If you have questions or need a consultation, contact Michael Bouldin for DUI defense in Northern Kentucky. Michael Bouldin has been handling DUI cases for over 23 years. Call Mike at 859-581-6453 (581-MIKE) or email firstname.lastname@example.org.
I had another Not Guilty day this past week with a client, and often my friends ask, “How do you win such a case.” The answer is both simple and not so much so.
First, as an attorney that likes to try cases, the chances of a not guilty are greatly increased if you take many cases to trial. My rule of thumb is: if the prosecution is not offering anything, why not take the case to trial? Many DUI/OVI cases have a standard offer from the prosecution.
The send rule is: if the case is triable, don’t be afraid to take it to trial. A triable case is discretionary, but the general rule is this:
These are not hard and fast rules and every case is different. The value of an experienced DUI defense attorney is invaluable when determining how to proceed. For consultation with an attorney with over 22 years experience defending DUI charges in Boone, Campbell or Kenton County, or OVI in Cincinnati, call Michael Bouldin at 859-581-6453 or email email@example.com.
As Jay Z says, Y’all got to feel me!!
While I wasn’t particularly thrilled with a late afternoon trial to end this July 3 before the holiday break, I could not be happier with the result of a not guilty DUI verdict in Campbell Countu District Court.
I will soon get a testimonial from said client, his thanks was a great way to head into the holiday.
Clients are sometimes afraid of a bench or jury trial, especially if they’re ate a also other charges pending. In this case, the client was also acquitted of resisting arrest (although convicted of the lesser disorderly conduct charge)
If you have a good case, don’t be afraid of a trial. For consultation on northern Kentucky, call Michael Bouldin at 859-581-MIKE (581-6453) or email Mike@Bouldin LawFirm.com.
PBT is the abbreviation for Portable Breath Test. This is the roadside breathalyzer that officers often use when evaluating a person for possible DUI. It is a handheld device which can generally be purchased on the internet for $80-$200. Many patrol officers or DUI specialists keep a PBT to check the breath alcohol of motorists.
Q: IS THE PBT ADMISSIBLE?
A: Guarded, NO. The PBT is admissible only to show the presence of alcohol, however the actual results of the PBT are not admissible. This is because these handheld devices are not certified, maintained, nor are records kept in compliance with DOT and do not have the same trustworthiness as the more thorough and much more expensive Intoxilyzer machines which are at the jail and/or the police station. Additionally, the statute requires a 20 minute observation before giving someone a breath test which may be admissible. The purpose of the observation is to assure that there is no mouth alcohol and that the user does not ingest or put anything into his/her mouth. The roadside test does not include the 20 minute period, nor does the officer generally read the Implied Consent Form before administration. Either of these would also render the test results inadmissible in a criminal trial.
Q: WHAT IF THE PERSON ADMITS TO DRINKING
A: If the driver has admitted to drinking, then the PBT is generally not admissible for any purpose. If the sole purpose is to show the presence of alcohol, once the driver has admitted drinking then there is no other purpose to admit the PBT into evidence.
Q: SO WHAT IS THE USE?
A: Even though the devices are not in compliance, they are actually quite good at determining the level of alcohol in someone’s blood (breath). The newer models can detect if there is too much mouth alcohol, which can affect the reading. While not as precise as a blood test or breath test using an Intoxilyzer, the results from the PBT are generally within a close range. Many officers only use this as a last Field Sobriety Test to either confirm that the person is over the limit if they have failed or are questionable after the field test or to assure that they are under if they have passed other field tests.
Q: WHAT SHOULD I DO?
A: If you are reading this, it is probably too late to determine if you should take the PBT or not and you should contact an attorney to defend you on the DUI/OVI charges. That said, often the decision should be based on how well you did on the field tests and/or how much alcohol you have consumed. If you are close to under the legal limit of .08, a reading under would convince the officer to allow you to leave without a DUI arrest. If you are over, a test may give you greater input into whether you should consent or decline a formal breath test when you return to the station or jail.
If you have further questions about the PBT, you can email firstname.lastname@example.org. If you need consultation and/or representation, contact Mike or schedule an appointment by calling Bouldin Law Firm at 859-581-6453 (581-MIKE).
Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction.
Those criteria are identified as aggravators. The follow are those criteria or “aggravating circumstances” that increase the jail sentence if convicted:
There are six (6) criteria that mandate the increased penalties. (see KRS 189A.010(11)) Those penalties only affect the jail sentence associated with the DUI. For a first offense, the minimum jail sentence is 0 days but with an aggravator, there is a minimum 4 day sentence. Second offense within 10 years carries a minimum jail sentence of 7 days and 14 if aggravated. Third offense within 10 years has minimum 30 days incarceration and that doubles to 60 days if an aggravating circumstance exists. Fourth offense within 10 years is a felony, but 120 days in jail is the minimum which doubles if aggravated.
If you have been charged with a DUI, you should hire an experienced criminal defense attorney. For consultation in Boone, Campbell or Kenton county, call the Bouldin Law Firm at 859-581-6456. Contact Mike Bouldin at 581-MIKE or email at email@example.com.
If you are looking for a lawyer with DUI trial experience in Northern Kentucky, there are a few good men to report.
Having been a trial attorney for over 20 years in Northern Kentucky, I often have the opportunity to see others at work. Kentukcy law prohibits the term “best attorney” so here is my list of top attorneys in the area. Northern Kentucky counties of Boone, Campbell and Kenton are fortunate to have a number of experienced and very good attorneys who practice DUI defense.
For my dollar the top DUI attorneys include those retired: W. Robert Lotz, Dick Slukich, and Burr Travis; the elder statesmen Wil Zevely, Harry Hellings, Ed Drennen and Jon Alig; my contemporaries include Tim Schneider, Chris Jackson and Paul Dickman; and the younger group includes Ryan Beck. There are also a few Cincinnati attorneys that occasionally cross the river from Cincinnati and do a decent job, including: Steve Adams, Joe Suhre and Kelly Farrish (*Kelly’s not licensed in Kentucky).
A good attorney can advise when you should plead, when you should file a motion, when you should proceed to trial and whether that trial should be with a judge or a jury.
If you have questions and are looking for a DUI defense attorney with significant trial experience, call the Bouldin Law Firm and discuss your case with Michael Bouldin. For consultation, email at firstname.lastname@example.org or call 859-581-6453.
If you got arrested for DUI last night or early this morning, you probably have court tomorrow (or Tuesday) If you want to talk to an attorney before then, email me at email@example.com. Bouldin Law Firm of Mike Bouldin and Kris Nevels can help!
Serving Northern Kentucky primarily in Boone, Campbell and Kenton counties.
Don’t start 2017 in court without an attorney. Email now. firstname.lastname@example.org.
What’s the best gift you could give a loved one or adult child? How about defense off their pending DUI, assault or other criminal case?
Many people have trouble paying legal fees associated with DUI our expungement. This is especially true with contested cases or people on a fixed budget. You can help!
Hire an attorney to guide them and file for the process. If they have an attorney, contribute to their fees. A phone call from a relative with even a small payment reminds the attorney of three case and that there see others who care about the outcome.
In northern Kentucky call or email Michael Bouldin. Call 581-MIKE and schedule an appointment for yourself or a loved one. For immediate response, email Mike at Mwbouldin2@gmail.com.
Thanksgiving weekend is the biggest DUI day of the year nationwide and Northern Kentucky is no exception.
College kids come home, meet their high school friends and share their newfound love of cheap beer. Family gets together and chugs wine to limit annoyance with one another. Elderly teetotalers have their annual cocktails and revel with friends.
It may be the time to begin using Uber or Lyft. If you have made a mistake and been cited for DUI, hire an experienced DUI and criminal defense attorney.
Don’t go it alone! Don’t make the mistake by making decisions which will affect your life, liberty and livelihood without professional advice.
Call Mike Bouldin. Get advice from a professional with 22 years of experience. Email at Mwbouldin2@gmail.com. Call 859-581-6453. (581-MIKE) Email today for immediate reply!!