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Kentucky Supreme Court Upholds 10 Year Look-back on DUI

Posted on October 3, 2017 in DUI

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 mike@bouldinlawfirm.com.

Not Guilty

Posted on July 3, 2017 in DUI

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.

 

 

Who Takes DUI Case to Jury?

Posted on October 5, 2016 in DUI

I do.  As an attorney practicing DUI and criminal defense in Northern Kentucky for over 21 years, I have experience to handle your DUI defense.  This may include taking the case to a trial, whether a trial to the Judge or a trial to a jury.  Often times people are fearful of juries.  While a jury does have the ability to make recommendations tot he Judge regarding sentence, my finding is that juries tend to sentence about the same as most courts.

A DUI conviction stays on your record for ten (that’s right, 10) years.  If you have a defense, you should consider exercising all of your rights before you plead guilty.

If a case is a close call – say you fail 4 of 6 field tests but there is no bad driving. The jury may acquit or may convict.  A lot depends on how well the officer testifies and how well the defense attorney cross examines that testimony.  Whether there is a video is also a factor.  If there is no video, an attorney  may point out why the officer fails to videotape the encounter.  If there is, that video will provide the best evidence regardless of the testimony of the officer.

Any attorney who regularly tries cases has wins and losses.  It is an unfair question to ask, and often very unrealistic, to believe that there are attorneys who do not lose.  That is TV.  Real attorneys take cases to trial, some of which are difficult if not impossible to win.  Even hopeless cases have a chance of acquittal.  Many attorneys claim a “win” as anything as good or better than the offer by the prosecution.  That would allow for a DUI conviction where the person is charged with DUI, so long as the sentence is not worse with a trial than a plea.

For example, I was recently involved with a DUI jury trial wherein my client blew over .10, which is obviously over the .08 legal limit.  According to the testimony of the officer, the client also failed all 6 of the 6 field sobriety tests.  It was still a triable case as the video did now show that the field tests were as bad as the officer testified.  While unfortunately the jury did convict, they suggested the minimum sentence of $200 fine and no (0) jail time.  My client had his day in court and, moreover, was none the worse for taking the case to a jury trial.

If you want to discuss a DUI charge and possibility of taking the case to a bench or jury trial, contact an attorney who regularly handles these types of cases.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

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What If I Blow Under on DUI?

Posted on March 10, 2015 in DUI

If you submit to the intoxilyzer/breathalyzer you have already given evidence to the prosecution of your level of impairment.  In Kentucky, if the breathalyzer result is over .08 BAC then you can be found guilty of DUI, regardless of your driving or field sobriety tests.  .08 is considered a prohibitive amount of alcohol in your blood to operate a motor vehicle.

If you blow under a .08, that is not a guarantee that you cannot be convicted of DUI.  It does lessen the likelihood of a conviction, but the Commonwealth may continue to pursue under the theory of drugs and/or alcohol leading to impairment or simply operating a motor vehicle while under the influence of alcohol.  Everyone knows people who are “impaired” after only one or two drinks, regardless of their relatively low blood alcohol content.  Those people can still be convicted as driving while impaired.  You may also know individuals that do not appear impaired even though they drink a case of beer.  Those individuals may be convicted of driving with a prohibitive blood alcohol concentration.

If you have been charged with DUI, it is highly advisable to hire an attorney, regardless of your breathalyzer result.  If you blow under the legal limit, the attorney can utilize that to show lack of impairment as well as try to negotiate or litigate your case for an acceptable resolution.

As an aside, many people confuse the high tier limit of .15 (.17 in Ohio) with the DUI limit of .08 (both Ky and Oh).  The high tier limit generally means mandatory incarceration, possibly higher fines and longer suspensions.  Blowing under the high tier limit does not guarantee any particular resolution to your case.

If you have been charged with DUI in Kentucky or OVI in Ohio, contact MICHAEL BOULDIN at mwbouldin2@gmail.com or call the office and schedule a consultation at 581-MIKE; 859-581-6453.

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