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At JPS Law, we understand the complexities and potential consequences of driving under the influence (DUI) in Kentucky. In this blog post, we aim to provide you with a deeper understanding of Kentucky DUI laws, addressing common concerns such as how long a DUI stays on your record, the process of getting a DUI, and the legality of DUI checkpoints.
Getting a DUI in Kentucky
If you find yourself facing a DUI charge in Kentucky, it is crucial to know the steps involved in the legal process. Typically, a DUI arrest in Kentucky involves the following stages:
1. Initial stop
A law enforcement officer must have a valid reason to pull you over, such as suspicion of impaired driving. It could be due to erratic driving, traffic violations, or other observable signs.
2. Field sobriety tests
If the officer believes you may be under the influence, they may ask you to perform a series of standardized tests designed to assess your coordination, balance, and cognitive abilities.
- A refusal to take the field sobriety tests in Kentucky carries no penalty against your license—but this will likely lead to a request to complete a PBT (preliminary breath test), commonly referred to as a “breathalyzer,” or chemical testing, such as a urinalysis or blood test.
3. Chemical tests
If the officer has probable cause to make an arrest, you may be asked to submit to a chemical test, which typically involves breath, blood, or urine analysis.
- A refusal to give a breath or blood sample results in a pre-trial suspension of your license.
- A PBT (preliminary breath test, or “breathalyzer”) is not admissible in Court. It only gives the officer probable cause to arrest you.
- A urinalysis may be requested.
- Blood tests are typically performed at a hospital.
4. Booking and release
Following an arrest, you will be taken to the police station and processed, which includes fingerprinting, photographing, and recording personal information. Depending on the circumstances, you may be released on bail/bond or required to spend a period of time in custody.
5. Interview by Pretrial Services
A pretrial services officer may sometimes interview you while you’re in jail. They complete and submit a report to the Judge which helps the Judge determine an appropriate bail/bond amount.
6. Court proceeding
A DUI charge typically involves multiple court appearances, including an arraignment, pre-trial motions, jury selection, and potential trial. It is crucial to have an experienced attorney like our team at JPS Law by your side to navigate the legal system and ensure your rights are protected.
How long does a DUI stay on your record?
One of the most common concerns for individuals who have been charged with a DUI is how long it will stay on their record. In Kentucky, a DUI conviction will generally stay on your criminal and driving record for 10 years.
However, it's important to note that the impact of a DUI can extend beyond your driving record and may affect other areas of your life, such as employment opportunities and insurance rates. A DUI conviction will stay on your record indefinitely unless it is expunged by the court. This is a separate court proceeding. It does not “fall off” your record.
Consult with our team at JPS Law to fully discuss the potential long-term consequences of a DUI conviction or expungement.
Are DUI checkpoints legal in Kentucky?
DUI checkpoints, also known as sobriety checkpoints, are a controversial topic in many states, including Kentucky. In Kentucky, DUI checkpoints are considered legal as long as they adhere to certain guidelines established by the courts. These guidelines include:
- Public awareness: The public must be adequately informed about the checkpoint in advance, usually through local newspapers, news channels, and online sources.
- Neutral selection: The law enforcement officers must use a neutral and non-discriminatory process for choosing which vehicles to stop. For example, they may decide to stop every third vehicle to ensure randomness.
- Supervisory authority: A supervisory officer must be present to ensure proper implementation and adherence to the guidelines.
- Minimal intrusion: The duration of the stop and the nature of the investigation should be brief, ensuring minimal intrusion on individual rights.
It's important to note that even though DUI checkpoints are legal in Kentucky, law enforcement officers must still have reasonable suspicion to stop and detain an individual further. If you believe your rights were violated during a DUI checkpoint stop, it is essential to consult with your legal team at JPS Law. We can assess your case and determine if any legal recourse is available.
Contact Us To Learn More
Understanding Kentucky DUI laws is crucial to navigate the process and protect your rights. JPS Law is here to provide you with the legal expertise and guidance you need. Remember, everyone's situation is unique, so it's essential to consult with a qualified attorney to assess your specific case and explore your options. Don't hesitate to reach out to us at JPS Law for trusted legal representation for DUI cases in Kentucky.
The attorneys at JPS Law have years of experience providing top quality service for clients in Kentucky. We will give your case personal attention.
You should contact a member of our team at JPS Law if you or a loved one needs legal advice from an experienced member of the legal community. Give us a call at (859) 240-7480 and we’ll be glad to talk with you about your case.
Practice Areas
JPS Law is a criminal defense practice serving all 120 Kentucky counties. Attorney John Sienkiewicz and Tara Sienkiewicz are always ready to help and ensure the best support throughout the duration of your case. They understand that criminal charges, license suspensions, bond money, and the stress of navigating the criminal justice system can affect an entire family. Our practice mirrors that. You'll work with both John and Tara throughout your case. By hiring JPS Law - you already have a team dedicated specifically to your case.
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