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DUI defense

A DUI charge has details worth checking.

We look past the citation and into how the stop, roadside tests, and breath test were actually handled.

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Rainy road seen from a parked car at night

In plain words

First, second, and third offenses

Consequences can become more serious with each DUI conviction. Prior offenses count within a 10-year look-back. The license question can be just as immediate as the criminal charge.

First offense

  • Fine: $200 to $500.
  • Jail: 48 hours to 30 days. A judge can allow community labor instead.
  • Also: A state alcohol education program and a license suspension of about 6 months.

Our fee: $2,800 flat through a plea, dismissal, or amendment. A trial adds $2,000.

Second offense

  • Fine: $350 to $500.
  • Jail: 7 days to 6 months.
  • Also: A longer alcohol program and a license suspension of about 12 months.

Our fee: Quoted after we read the citation, usually $3,500 to $5,000.

Third offense

  • Fine: $500 to $1,000.
  • Jail: 30 days to 12 months.
  • Also: A license suspension of about 24 months. A fourth offense in 10 years is a felony.

Our fee: Quoted after we read the citation, usually $3,500 to $5,000.

Driving during a suspension

How an ignition interlock license works

A small breath device goes in your car, and the car will not start unless you blow a clean sample. With one, the judge can often let you keep driving to work, school, and court during the suspension instead of not driving at all.

We ask about it at the first court date. If a breath test was refused, we raise it right away because the judge can suspend your license at arraignment.

In every DUI case

Four things we check

  1. The reason for the stop. An officer needs a lawful basis to stop a vehicle.
  2. The field sobriety tests. We examine whether they were given to the national standard.
  3. The breath machine. Maintenance records can matter.
  4. The 20-minute observation period. We review what happened before a breath test.

Where we appear

DUI cases in six District Courts

Fayette District Court · Jessamine District Court · Scott District Court · Woodford District Court · Clark District Court · Madison District Court

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