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I got charged with a dUI in kentucky. Do i need a lawyer?

5/23/2022

 
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We get this question a lot. It can be hard for a defendant to weigh the potential risks of self-representation against the cost of hiring an attorney.

If you have had multiple DUI charges, or if your blood alcohol content was excessively high, you absolutely need to talk to a lawyer. In Kentucky, these circumstances can come with heavy penalties. 

However, as a general rule, you should at least consult with an attorney before going to court on your own even for a first offense DUI.  It may be tempting to try and save costs by representing yourself, but as the saying goes, “he who represents himself has a fool for a client.”  By consulting with an attorney, you will at a minimum learn how court procedures work, what legal exposure you have, and whether you have defenses worth pursuing.  Often times, we have found that these defenses are not obvious or known to our clients until we bring them up. 

Lexington Kentucky DUI cases are highly fact sensitive.  This means that your Kentucky DUI attorney will need to closely scrutinize what the arresting officers did and did not do leading up to and following your arrest.  Nowadays, Kentucky defense attorneys have the benefit of video footage of these events because officers typically wear body cameras.  Although tedious, a review of body cam footage can place the attorney at the scene of the arrest to review what exactly happened and evaluate those events in light of relevant statutes and case law.  Ultimately, the prosecution has the burden of proving you guilty beyond a reasonable doubt in front of a jury of your peers.    

​If you’ve been charged with a DUI in Lexington, Kentucky and aren’t sure whether your case could benefit from an attorney representing you, contact Defense Attorney Breck Norment for a free consultation.  We welcome calls 24 hours a day, 7 days a week – 859-303-6007.

What are the "Aggravating Circumstances" in relation to a DUI in Kentucky? How can they affect my punishment?

5/23/2022

 
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The aggravating circumstances for a DUI in Lexington, KY are as follows:
            a.  Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
            b.  Operating a motor vehicle in the wrong direction on a limited access highway;
            c.  Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
            d.  Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
           e.  Refusing to submit to any test or tests of one's blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section; and
            f.  Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.  Ky. Rev. Stat. 189A.010(11). 
       
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail.  When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release.  Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge). 
        
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.    
        
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail. 
        
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days.  Note a fourth or subsequent offense is also a Class D felony. 
        
​If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at (859) 303-6007.

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277 East High Street, Suite 301, Lexington, Kentucky 40507
   Office: 859-303-6007          BreckNorment@LawyerBreck.com