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How to Defend a DUI?

Posted on September 23, 2017 in DUI State Crimes in Northern Kentucky

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:

  1. If the video looks good, consider a trial.
  2. If the BAC is under .10, look at facts and think if trial may result in not guilty.
  3. If the BAC is under .08, always consider a trial unless the plea is to a lesser charge.
  4. If the defendant passes 2-3 of the 4-6 field sobriety tests, a trial may be in order.
  5. If the BAC is over the high tier limit (.15 in KY or .17 in OH), only plea if the offer includes removal of the high tier consideration.  *Not always, if the BAC is over .20, a plea may still be considered.

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 mike@bouldinlawfirm.com.