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DUI 3rd in Kentucky

Posted on July 20, 2016 in DUI

If you are charged with and facing a 3rd offense DUI in Kentucky, you need an experienced criminal defense attorney on your side.  The charge of third offense can be for any two prior DUI or OVI convictions within the past 10 years. This can be within or outside of the state of Kentucky.  By statute (yet to be determined if constitutional by courts), it may also include plea agreements which stated at the time that it could be held against you for five additional years.

Remember, even if your second (2nd) offense was pled down to a first offense, the next one is still a 3rd offense.  Simple math, 1 + 1 + 1 = 3.  Same holds true for a charge of DUI 4th, which is a felony in Kentucky.

With the changes in the law extending the lookback period from 5 to now 10 years, there is more a need than ever to have an experienced criminal defense lawyer in your corner.  Most “DUI Lawyers” also practice other areas of criminal defense.  A DUI charge IS a criminal charge and a criminal defense attorney can protect your rights.  You are facing loss of license, loss of money via fines and court costs, probation and incarceration. These are all criminal consequences if found guilty.

A third offense carries mandatory incarceration of 30 days (maximum 1 year) which is doubled if there exists any aggravating circumstances.  Those aggravating circumstances include: (1) driving wrong way on highway; (2) driving over 30 mph over speed limit; (3) having child under 12 in the vehicle; (4) accident with serious injury; (5) refusal of blood/breath alcohol test; OR (6) alcohol concentration over 0.15.  Other penalties for 3rd offense DUI in Kentucky include: loss of license 2-3 years, $500-1000

If you  have been charged with DUI in Kentucky, you should hire an attorney who regularly practices in the area.  For consultation and representation contact Bouldin Law Firm and speak to Michael Bouldin.  Call at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

Memorial Day DUI

Posted on May 27, 2016 in DUI General Criminal Law Issues - Northern KY

This Memorial Day will be especially busy for police throughout the city, county and state.  1) Memorial Day is the first major summer holiday.  2) Memorial Day happens to fall on the last weekend of the month.

Kentucky State Police are positioned to write a record number of citations this weekend.  Whether because of the holiday, last day of the month or a major bonus, the KSP is out in record numbers.  Just today I personally witnessed 7 KSP patrol vehicles on the stretch of I-71 between Louisville and Cincinnati.  Police were shooting radar and looking for suspicious vehicles.

Kentucky DUI law now allows look back 10 years for prior offenses.  If you have had a DUI in the last 10 years, you would be subject to the penalties of 2nd offense DUI.  Note: this recently changed as it was formerly a 5 year look back.  DUI penalties for first (1st) offense range from 30-120 day license suspension, $200-500 fine, DUI service fee, court costs, and 2-30 days of incarceration.  These fines and cost total over $720 to the court, in addition to about $350 in assessment and classes; not to mention insurance rate increases.

Incarceration of 4 days is mandatory in cases where an aggravating circumstance exists on 1st offense and doubles the jail minimum on subsequent offense. Aggravating circumstances include: wrong way on highway, speeding over 30 mph over posted limit, accident with serious injuries, having child under 12 in the vehicle, breath/blood alcohol over .15 or refusal of breath/blood test.

Also remember, second offense penalties include minimum license suspension of 12 months and jail of 7 days.  The new law does allow for ignition interlock.  This process can be daunting and expensive. Use an attorney who has handled both pretrial and post-conviction ignition interlock for clients in order to answer questions and help guide you through the process.

If you are arrested for DUI, contact an attorney.  For representation in Northern Kentucky, call Michael Bouldin at 581-MIKE or contact the office at mwbouldin2@gmail.com or call 859-581-6453.

10 Year Lookback for KY DUI under New Law

Posted on April 21, 2016 in DUI State Crimes in Northern Kentucky

Kentucky passed SB 56 this month which modified the lookback period for second and subsequent DUI convictions from 5 years to 10 years.  This may significantly alter the status of those previously convicted of DUI.

The new law was signed by Governor Bevin on 4/9/2016 changing KRS 189A.010 in pertinent part from 5 to 10 years DUI for offenses.  Whereas attorneys have traditionally advised that Kentucky has a five (5) year lookback in which if you are convicted a second offense the fines and jail increase substantially, now that has changed to a ten (10) year period.

If you have been previously convicted of a DUI, your chances of being charged with a second offense have significantly increased.  There remains to be seen constitutional and retroactive challenges regarding this issue.  For example: what if you were advised on your first offense of a 5 year lookback and now, 7 years later they are charging you with a second offense?

This new law also brings the advice to not simple plead guilty because “it is easier.”  If you have a valid legal defense, you should assert your rights. This new 10 year lookback makes it much more likely that an individual convicted of a first offense will obtain a second charge at some point in the future.

If you have been charged with DUI, contact an attorney. For representation in Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com.

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DUI 2nd Penalties in KY

Posted on March 29, 2016 in DUI

What are the penalties for DUI 2nd offense in Kentucky?  Often asked question, especially by those following arrest and facing conviction for a second time within five years.

The penalties for DUI kick in if there is a second conviction within a 5 year period.  This 5 year period is determined from the date of offense to the date of the subsequent offense.  There is no regard given to the date of conviction.

The penalties for Second Offense DUI in Kentucky are:

(1) Penalties – $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days.
(2) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
(3) Alcohol or Substance Abuse Treatment Program – 1 year.
(4) License Revoked – 12 – 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer).
(5) Ignition Interlock – mandatory ignition interlock license/device for a period of twelve (12) months.  License plate impoundment if ignition interlock license requirements are not met.

If you have been charged with DUI, whether first, second, third or more offenses, you should seek the advise of an experienced criminal defense attorney who regularly handles cases in your area.  For consultation and representation regarding cases in Northern Kentucky, call attorney Michael Bouldin at 581-MIKE.  Email at mike@bouldinlawfirm.com or call 859-581-6453 to schedule an appointment.

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KY DUI Ignition Interlock

Posted on March 25, 2016 in DUI

Newly available to Kentucky DUI Defendants – Ignition Interlock on vehicle.  Many see this as another way for various entities to make money, others as additional intrusion on rights and hardening of DUI penalties, while it is best seen as a viable alternative to losing all driving privileges.

Ignition Interlock devises have been around for a number of years and have been successfully utilized in many other states such as Ohio.  An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle.  It may also require random tests to assure that the driver does not have alcohol in their breath.

Kentucky law now allows for ignition interlock device (IID) and special ignition interlock license (IIL) under a number of circumstances.  The IID and IIL may be available for pretrial suspension periods, post conviction or post acquittal.  Having an attorney who regularly handles DUI defense is advisable and attorney can guide you through the process AND advise whether the IID is right for your case.

The process of obtaining an IID and IIL is rather cumbersome.

  1. You must file a Petition (insurance) in District Court and the Judge must approve the petition.
  2. The Petition is taken or sent to DOT, where you fill out an application ($, registration & insurance).  If approved,
  3. You then contact approved provider for installation ($ & proof of approval)
  4. They will guide you to approved installer in your area ($ & proof of approval).  After installation, they will provider certificate of installation.
  5. Certificate will allow you to return to Clerk for special Ignition Interlock License. ($ & certificate)

Ignition Interlock is not intended to replace right to privileges for work, education, treatment and medical which is still available after 30 day hard suspension.  In certain cases, the cost of IID and IIL will outweigh the benefits and defendant may be better off with friends, family, taxi cabs, and Uber as other alternatives.

If you have been arrested for DUI, contact an attorney for best defense.  For representation regarding DUI defense, and with knowledge of ignition interlock in Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com .

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Thanksgiving Weekend DUI

Posted on November 25, 2015 in DUI

Thanksgiving weekend is the number one (#1) weekend for DUI arrests in the United States.  Many of these come from college students returning home for the first time since going away.  The freedom and use of alcohol is combined with driving to visit old friends. Most of these occur on the Wednesday prior to Thanksgiving and the Friday following, as they are two of the biggest bar/drinking nights of the year.  Others may come from having too much wine and turkey while trying to liven up conversation with extended family.  Whatever the reason, this late weekend in November provides for many DUI and OVI arrests.

As always, best advise is to avoid driving a motor vehicle if you have been drinking alcohol.  If you are stopped for suspected DUI, make sure that a video is working prior to preforming field sobriety tests.  The officer’s recollection of the acts is much less reliable than a video camera with audio.  If a breathalyzer is offered, it is your decision whether or not to comply.  Refusal can be used against you and can cause license suspension.  That said, new laws allow for ignition interlock so that you can continue to drive even if you refuse the breathalyzer.

If you are arrested, contact an attorney for legal representation.  I recommend an experienced criminal defense attorney who regularly practices in the county of arrest.  The attorney will know the lay of the land, who to discuss and the general tendencies of the prosecutors and judges in that county.

For representation in Hamilton County, OH, or Campbell, Kenton or Boone counties in Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  During weekend and after hours, email is the best way to reach counsel.

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To Blow or Not To Blow?

Posted on October 20, 2015 in DUI General Criminal Law Issues - Northern KY

That is the question. . . most often asked to a criminal defense and DUI attorney.

Once an individual has been arrested for suspected DUI, DWI or OVI, they are almost always read their rights, implied consent warning and asked to submit to a sample of breath (breathalyzer) or blood test.  While some attorneys advise to always refuse a breathalyzer, I do not agree that the answer is that simple.

One problem is that if you refuse to take the breathalyzer in Kentucky, the Court will suspend your license for 120 days.  This can continue regardless of whether you are convicted or acquitted of the underlying DUI. This is an administrative suspension based solely on the refusal of the breathalyzer or other alcohol test. Another consideration is that the refusal can be used against you in a trial as indicia of impairment.

If a driver has actually consumed only a small amount of alcohol, the breathalyzer may actually benefit him/her in proving that the alcohol concentration was under the legal limit.  An individual with an alcohol concentration of less than .05 is presumed to not be under the influence. There are complex formulas to determine what a blood alcohol level may be and they are based on the person’s sex, weight, amount of alcohol consumed and length of time during consumption. The following link is interesting and fairly accurate in predicting what a blood alcohol level may be. Additionally, the food that the person has ingested will affect the blood alcohol level.

The defendant should also be aware that if you blow over a .15, then the case is considered aggravated, which mandates jail time even for a first offense. A refusal is considered an aggravator for second or subsequent offenses, but not for first offense DUI. Therefore, if a driver has consumed large amounts of alcohol and does not have a prior DUI conviction, it is suggested to refuse the breathalyzer.

The police in Kentucky may request either a breath test, blood test or urine test. The breathalyzer is requested most often because of its ease of use, time required to take the test and number of people necessary to have the results entered as evidence in a trial. The police will generally only request a blood test if the driver is suspected of using other drugs or a combination of drugs and alcohol. Defendants should be aware that they have the right to a second test of their choosing once they submit to the test requested by the police officer.  I often suggest that if you blow over the limit on a breathalyzer to request a blood test be taken. This is at your expense and is generally done at a local hospital.

If you have been arrested and charged with DUI, you should contact an attorney before next appearing in court. Whether you have submitted to a breathalyzer or refused to consent to a breathalyzer, an attorney can assist you through the legal process. In certain cases, a defendant can be acquitted regardless of the breathalyzer result or the refusal. If you have questions or concerns, contact Michael Bouldin for a consultation at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com .

 

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What is Cost of DUI in Kentucky?

Posted on September 2, 2015 in DUI

The real cost of a DUI varies by the individual, the county and the charges for legal services.  The real cost is also highly contingent on whether you are convicted or acquitted of the charges.

If convicted, the mandatory DUI fine from the court is $200-500 for a first offense.  This is very misleading and is not reality.  A conviction brings a $200-500 fine, plus a DUI service fee of $250, plus court costs of about $153, plus other costs associated with the court.  If convicted, you will pay the court between $720-850, depending on your county of conviction.  Additionally, you will be mandated to undergo a DUI assessment and follow any recommendations for treatment.  The DUI assessment is generally $60 and you will be mandated to attend a minimum of 20 hour class, which generally cost $210.  License reinstatement in Kentucky is $40.

Your insurance will increase if you are convicted of a DUI offense.  Generally, your rates will double for a first offense DUI.  This will remain in place for 2-3 years, and a DUI stays on your record for 5 years in Kentucky.  This generally equates to approximately $2,000/year for an average driver; more for a teen or younger person.

Legal fees vary greatly.  Generally an attorney charging under $1,000 either will have very little experience or has no intention of taking the case to trial.  An experienced attorney knows that if you are charged in Boone, Campbell or Kenton counties, there is almost no chance in a reduction of the charges without a trial or suppression hearing.  You may hire an attorney to get you a ‘better deal’ for less than $1,000, but the best deals generally come if the prosecution believes they will not prevail at trial.

Legal fees vary based on the complexity of the case, number of court appearances, discovery, number of hearings, suppression issues, whether a bench (judge) or jury trial and length of trial.  Most attorneys will give you an estimate and have you sign a fee agreement/contract outlining all charges.

For a consultation in Northern Kentucky, call the Bouldin Law Firm and speak with Michael Bouldin.  Contact Michael at 859-581-6453 or email at mwbouldin2@gmail.com.

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What Is Punishment for Driving on Suspended License?

Posted on August 31, 2015 in DUI General Criminal Law Issues - Northern KY

Kentucky law allows for jail time for first offense of driving on a suspended license.  Any first offense can carry up to 90 days of incarceration.  If charged with driving on a DUI suspended license, the charge may carry up to 12 months in jail.

KRS 189A.090 defines driving on suspended license in Kentucky.  Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited — Operating motor vehicle without required ignition interlock device prohibited — Penalties.

(1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.010(6), 189A.070, 189A.107, 189A.200, or 189A.220, or operate or be in physical control of a motor vehicle without a functioning ignition interlock device in violation of KRS 189A.345(1).
(2) In addition to any other penalty imposed by the court, any person who violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B misdemeanor and have his license revoked by the court for six (6) months, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class A misdemeanor and have his license revoked by the court for a period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class A misdemeanor and have his license revoked by the court for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of two (2) years; (c) For a third or subsequent offense within a five (5) year period, be guilty of a Class D felony and have his license revoked by the court for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of five (5) years.

In summary, if you are operating on a DUI suspended license, your first offense is a class A misdemeanor and a second offense is a class D FELONY!  If you are charged with operating on a suspended license, you need an experienced criminal defense attorney.  For a consultation about a case in Boone, Campbell or Kenton, Grant or Hamilton counties, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  Call 581-MIKE.

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What is a Kiddie DUI in KY?

Posted on July 29, 2015 in DUI

A KIDDIE DUI in Kentucky is the separate code section of a DUI for persons under the age of 21.  Kentucky has enacted the equivalent of a zero tolerance law with respect to underage drivers operating a vehicle.  Northern Kentucky is no different than every other state in that teen drivers are arrested if there is suspected any amount of alcohol during operation.

Zero tolerance is a bit of a misnomer.  KRS 189A.010 (f) is often referred to as a “Kiddie DUI.”  The statute states:

A person shall not operate or be in physical control of a motor vehicle anywhere in this state: … (f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person’s breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).

A Kiddie DUI will still lead to license suspension, fines, mandatory costs and alcohol evaluation and classes.  It will also likely significantly raise your insurance premiums.  The difference is that the fines are less, the classes different and a conviction under 189A.010(f) is not enhanceable as are all other DUI convictions.

If the breath alcohol is over .08 or if the driver is deemed to be impaired by the officer, the teen driver can and will likely be prosecuted as a normal/adult DUI. There is no special treatment if the teen is under 18, they still proceed to adult court and not juvenile court.  Similarly, if the breath alcohol is over .15, this is an “aggravated” DUI which can mandate incarceration and harsher penalties.

 

The BAC, or blood alcohol content, can be measured by a breath, blood or urine test.  If the officer suspects illegal substances, they will likely request a blood test instead of breathalyzer.

If you have been charged with a DUI, whether you are under 21 or over, you should hire an attorney.  In Boone, Campbell or Kenton counties, call Michael W. Bouldin for a consultation.  Email at mwbouldin2@gmail.com or call at 859-581-6453 (581-MIKE).

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