Northern Kentucky Defense Attorney For Drunk Driving Charges

Facing DUI charges can feel like a losing battle if you try to go it alone. By hiring the right lawyer, you can level the playing field and challenge the prosecution.

At Pharr Law Group in Louisville, our DUI/DWI defense attorney can find the strongest grounds for fighting the charges. We can be there for you from right after your arrest until the final ruling, plus any possible appeals. We handle DUIs and other serious traffic offenses involving adults and juveniles, whether misdemeanors or felonies.

Get a free consultation where we will clearly explain all the options: call 502-264-9494.

Challenging The Results Of Field Sobriety Tests

Many DUI arrests start with field sobriety tests. Police use these roadside tests to assess whether a driver is impaired. While they are a standard tool in DUI investigations, they’re not always reliable. Several factors can affect their reliability and accuracy:

• Subjectivity: Many field sobriety tests heavily rely on the officer’s judgment. Different officers may interpret the same performance differently, leading to inconsistencies in how tests are evaluated.
• Medical and physical conditions: Injuries, disabilities, or even footwear like high heels can impact performance on field sobriety tests.
• Environmental factors: Conditions such as uneven pavement, poor lighting, or adverse weather conditions can all skew the results.
• Nervousness: The stress and anxiety of getting pulled over and confronted by police can lead to false indications of impairment.

Common field sobriety tests and their potential inaccuracies include:

• Horizontal gaze nystagmus (HGN): This test is supposed to detect involuntary eye movements that are indicative of impairment, but certain factors, such as certain medications or eye problems, can also contribute to those eye movements.
• Walk-and-turn and one-leg stand tests: These tests assess the suspect’s balance and ability to follow instructions. Physical impairments unrelated to intoxication, environmental conditions, nervousness, and other factors can affect the results.
• Portable breathalyzer tests: These devices measure blood alcohol content (BAC) from a breath sample. However, these tests are notoriously inaccurate due to shortcomings such as improper calibration, user error, and the presence of substances in the mouth (such as mouthwash or certain foods) that contain alcohol. Additionally, physiological variables like breathing patterns can also affect the results.

Understanding these limitations is crucial for a strong DUI defense. Our experienced attorney knows how to analyze the results of these tests and identify weaknesses.

When exploring these angles and other strong defenses for your case, we can hire investigators to find any evidence that may have been missed by the police and could help your case. We can also file motions to suppress or help discover more evidence in your favor if necessary. We’ll do everything legally possible to secure a positive result for you.

Your Rights During A Drunk Driving Stop

Even though being stopped on suspicion of driving under the influence (DUI) can be a frightening experience, your legal knowledge and your rights in these moments can make or break your DUI defense. Law enforcement must have a legitimate reason, known as “probable cause,” to initiate a traffic stop. This means they cannot randomly pull you over without observing a traffic violation, suspicious behavior or clear signs of potential impairment.

During DUI checkpoints, especially common during holiday periods when driver enforcement increases, you have specific rights. As such:

• You can politely decline roadside field sobriety tests without immediate legal penalties
• Officers must have clear evidence of impairment to detain you
• The term “visibly intoxicated” requires observable signs of significant impairment beyond mere suspicion

Regarding breath tests, Kentucky law indicates that:

• You are not legally obligated to take a preliminary breath test (PBT) at the roadside.
• Refusing a PBT may give an officer probable cause for arrest
• If arrested, Kentucky’s “implied consent” law requires you to submit to a chemical test at the police station
• Refusing a station-based chemical test can result in automatic license suspension

If you were not visibly intoxicated or suspect your rights were violated, we can help defend them and effectively guide you.

DUIs And Cannabis Use

Driving under the influence of marijuana is treated like alcohol-related DUIs and presents serious legal challenges in Kentucky. Even though starting January 1, 2025, medical marijuana becomes legal, important restrictions remain all-important to understand.

Marijuana DUI laws are stringent:

• Recreational marijuana use remains illegal in Kentucky
• Drugged driving applies to both medical and illicit cannabis consumption
• Chemical tests can detect recent marijuana usage, even if you are not currently impaired
• Driving with detectable levels of THC can result in DUI charges

Medical marijuana patients must also exercise extreme caution:

• Having a medical marijuana card does not exempt you from DUI laws
• Any detectable level of THC can potentially trigger a drugged driving charge
• Waiting periods after consumption are crucial before operating a vehicle

Symptoms like slow reaction times or impaired judgment can result in drugged driving suspicions. Since navigating these complex cases already is a legal mountain to climb, do not take chances; we can help.

Frequently Asked Questions For First-Time DUI Offenders In Kentucky

Below, we’ve provided answers to some of the DUI defense questions most often asked by prospective clients.

Can I get a DUI if I am not drunk?

Yes, you can be charged with a DUI in Kentucky even if you are not “drunk” in the traditional sense. DUI stands for “driving under the influence,” which means you can be impaired by alcohol, drugs, or any other substance that affects your ability to drive safely. This includes prescription medications or over-the-counter drugs that cause drowsiness or impair motor functions.

What are field sobriety tests?

Police officers use several physical coordination and cognitive tests to determine if a driver is likely impaired. Common tests are described earlier on this page. These tests help officers assess your balance, coordination, and ability to follow instructions.

Do I need to take a breathalyzer test during a DUI stop?

In Kentucky, you are not legally required to take a preliminary breath test (PBT) at the roadside, but refusing it may give the officer probable cause to arrest you. However, if you are arrested, Kentucky’s “implied consent” law requires you to submit to a chemical test (breath, blood, or urine) at the police station. Refusing this test can result in an automatic license suspension and other penalties.

What are the consequences for a first-time DUI offense?

A first-time DUI offense in Kentucky can lead to several consequences, including:

• A fine ranging from $200 to $500
• Court costs and service fees
• Possible jail time from 48 hours to 30 days
• A mandatory alcohol or substance abuse program
• Community service
• Increased insurance rates

It is unlikely that a first-time offender will face all of these consequences, but they are possible. This is one of many reasons why you will want to work with an experienced defense attorney who can help you mitigate the damage of the charges.

Am I going to lose my license?

For a first-time DUI offense, you may face a license suspension of 30 to 120 days. However, you might be eligible for a hardship license after 30 days have passed. This restricted license allows you to drive to work, school, or medical appointments during the suspension period. Applying for a hardship license typically requires you to demonstrate a genuine need and may involve installing an ignition interlock device in your vehicle.

Is a diversion program an option for me?

There are some diversion programs available for certain first-time offenders, offered either by the state of Kentucky or individual counties (including Jefferson County). These programs often involve completing community service, attending DUI education classes, and possibly undergoing treatment for substance abuse. Successfully completing a diversion program may help reduce or dismiss your charges.

Start Building A Strong DUI Defense With Our Help

Being arrested for a DUI doesn’t have to mean the end of the world. We’ve had great success helping people keep their driver’s licenses, get their cases dismissed, and clear their records. Call us today at 502-264-9494 or send us an email for a free case evaluation.