DUI is a well-known abbreviation for “Driving Under the Influence.” A person is to be considered guilty of DUI if they operate or are in physical control of a motor vehicle with a blood alcohol content of .08 or higher.
If you are pulled over and the officer has a suspicion of DUI, you will likely be asked to take a breathalyzer. People may refuse to take the breathalyzer, but that will very likely result in an arrest. In such situations, however, it is more difficult for the prosecutors to convict that person of DUI because there is no alcohol reading. However, people can still be found guilty of a DUI through the rest of the evidence (the officer’s opinion on your condition, your performance on the field sobriety tests, the videos, etc.). A downside to refusing to take the breathalyzer test is that your license is automatically pre-trial suspended and can be so suspended for a lengthy period of time. Furthermore, a refusal to take the breathalyzer prevents a person from possibly qualifying for the DUI diversion program.
Individuals may also be found guilty of DUI if they are under the influence of other substances that may impede one’s ability to drive.
Kentucky recently passed a law requiring ignition interlock devices for certain DUI’s. This means that under certain circumstances an “ignition interlock device” must be placed on your car for a period of time in order for you to drive. Kentucky also recently passed a law implementing a ten-year “look back” period where you can be charged as a subsequent offender if you get multiple DUI’s within a ten year period.
DUI’s carry a range of penalties, so it is wise to contact a lawyer to represent you throughout the process. If you hire a good attorney, you should be thoroughly educated about the law on DUI’s and afforded every opportunity to overcome the charge if so possible. It is a good idea to contact a lawyer as soon as possible if you are arrested for DUI.
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