Common DUI Defenses in Kentucky
Although strategies exist to prevent driving under the influence (DUI) charges from becoming criminal convictions, the most effective defense will depend on specific factors related to your case, such as the details of your arrest, the evidence presented, and your previous driving history. The following guide will explore some of these common DUI defenses and their potential impacts on a DUI charge.
Lack of Probable Cause
In Kentucky, for a police officer to make a lawful arrest for a DUI, they must possess specific and clearly defined facts that establish probable cause. This means the officer must observe particular behaviors, conditions, or evidence strongly suggesting the driver is impaired. If the officer fails to provide these necessary justifications, any resulting arrest may be deemed unlawful, leading to the reversal of the suspension of the driver’s license. Additionally, any evidence gathered during the arrest could be excluded from trial, significantly impacting the prosecution’s case.
Questionable Reliability of Field Sobriety Test
Field sobriety tests are often criticized for their questionable reliability, mainly because various factors can influence a person’s performance. Conditions such as the surrounding environment, health issues, and anxiety can all affect the results of these assessments, causing them to not accurately reflect an individual’s level of impairment.
Medical Issues
Certain medical conditions, including diabetes and ketoacidosis, can significantly impact an individual’s ability to pass a breath test. Diabetes, characterized by high blood sugar levels, can lead to the presence of ketones in the breath, which may interfere with the test results. Similarly, ketoacidosis, a serious complication of diabetes, results in elevated levels of ketones and acids in the body, further complicating the accuracy of breath tests. Consequently, individuals with these conditions may not receive reliable results.
Inadequate Observation Period
In Kentucky, a driver must undergo a continuous observation period of at least twenty minutes before taking a breath test for it to be deemed valid and admissible in legal proceedings. During this time, law enforcement officers must closely monitor the individual to ensure that they do not engage in any actions that could compromise the integrity of the test results. These actions may include consuming food, beverages, or any substances that could alter the driver’s breath alcohol concentration. Without adhering to this mandated observation period, the accuracy of the breath test can be called into question, potentially affecting the outcome of any related legal matters.
Inaccurate or Misleading Statements by the Police
If law enforcement agencies offer incorrect or deceptive information about the consequences of taking or refusing a test (blood, urine, or breath), it might be feasible to overturn a suspension. This indicates that if individuals can prove that the police failed to provide accurate or straightforward details about their testing procedures, they could have a basis to contest the suspension’s validity and pursue its reversal.
Other Factors
Depending on the individual’s unique circumstances, other factors could also serve as defenses in a legal case. For instance, video recordings or audio dispatch tapes from a police officer’s patrol car may reveal that the field sobriety tests were not administered correctly or according to standard procedures. Moreover, these recordings could indicate that the officer displayed bias or prejudice against the driver, which could further question the legitimacy of the arrest and the evidence collected.
Contact Hoffman Walker & Knauf To Learn More About Your Legal Rights
While criminal cases can be complex and intimidating, remember that you are not alone in this journey. You can reach out for support and guidance from experienced legal professionals to help you through this challenging time.
If you have been charged with a DUI in Kentucky and want to review your legal options, do not wait any longer. Contact Hoffman Walker & Knauf today to speak with our knowledgeable criminal defense team.
