DUI Defense
Aggressive defense against Kentucky DUI charges to protect your license and your freedom.
Overview
Driving under the influence is one of the most commonly prosecuted criminal offenses in Kentucky, yet each case involves complex scientific evidence, strict procedural requirements, and constitutional protections that law enforcement frequently violates. Under KRS 189A.010, it is unlawful to operate or be in physical control of a motor vehicle while under the influence of alcohol, drugs, or any combination that impairs one's driving ability, or with a blood alcohol concentration (BAC) of 0.08 or greater.
Kentucky DUI law is unusually harsh in its treatment of repeat offenders and increasingly severe in its administrative consequences. A DUI arrest triggers two separate proceedings: the criminal case in district court and an administrative license suspension through the Kentucky Transportation Cabinet. Both require immediate attention, and failure to act within specific deadlines can result in an automatic loss of driving privileges.
Barrett Law Firm has extensive experience defending against DUI charges in Madison County and throughout Eastern Kentucky. We challenge every element of the prosecution's case, from the initial traffic stop through the administration of field sobriety tests and chemical testing, to protect our clients from the devastating consequences of a DUI conviction.
Potential Penalties
- •First offense: 48 hours to 30 days in jail, $200 to $500 fine, 30-120 day license suspension, mandatory alcohol education program (90 days), community service
- •Second offense (within 10 years): 7 days to 6 months in jail, $350 to $500 fine, 12-18 month license suspension, 1 year ignition interlock, mandatory treatment program
- •Third offense (within 10 years): 30 days to 12 months in jail, $500 to $1,000 fine, 24-36 month license suspension, 30 months ignition interlock, mandatory treatment
- •Fourth or subsequent offense (within 10 years): Class D felony, 1 to 5 years in prison, $1,000 to $10,000 fine, 60-month license suspension
- •Aggravated DUI (BAC 0.15+, minor in vehicle, accident with injury, excessive speed): mandatory minimum jail time doubles, additional charges possible
- •Refusal to submit to chemical testing results in automatic license suspension and can be used as evidence against you at trial
How Barrett Law Fights For You
- •Challenging the legality of the initial traffic stop: officers must have reasonable articulable suspicion to pull you over, and many DUI stops originate from pretextual or unconstitutional reasons
- •Attacking field sobriety test administration: the NHTSA Standardized Field Sobriety Tests must be administered exactly per protocol, and deviations render results unreliable
- •Challenging breathalyzer accuracy: instruments require regular calibration and maintenance records, operator certification must be current, and the observation period must be strictly followed
- •Rising BAC defense: your blood alcohol concentration may have been below 0.08 at the time of driving but rose above the legal limit by the time of testing due to the body's absorption curve
- •Medical conditions and medications: certain health conditions (GERD, diabetes, hypoglycemia) and prescription medications can produce false positives or mimic impairment
Frequently Asked Questions
Facing DUI Defense Charges?
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