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Kentucky DWI / DUI Lawyer

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On average, someone is killed by a drunk driver in the US every 40 minutes. In 2006, out of all traffic fatalities in Kentucky, 24 percent involved a blood alcohol concentration (BAC) of 0.08 or higher. Those are some heavy statistics. A DWI or DUI charge is a serious offense and is not taken lightly. Penalties are harsher now than ever before due to advocate groups and law and policy makers. If you have recently been arrested in Kentucky for a drunk driving offense, it is in your best interest to contact a lawyer or attorney who specializes in DUI or DWI cases as soon as possible. The laws and procedures for these charges are complicated, and you will need an expert to defend your case.

Kentucky has a law that differs from most other states; this special provision allows someone who has been pulled over the the right to contact a lawyer before submitting to a blood, breath or urine test. They will give you 10 to 15 minutes to contact your lawyer before you are required to take the test. However, a DUI arrest can be brought even if there is no impairment to your driving, due to per se laws. These laws criminalize driving with a BAC of .08 or higher, even if driving ability is not impaired.

The penalties given to offenders are intended to stop drunk-driving violations and protect the public from serious consequences that can result from drunk driving. In the state of Kentucky, in order to be considered a first-time offender, you must have a record clean of DUI charges dating back for five years. While the penalties for first-time offenders are not quite as harsh as they are for repeat offenders, they are still severe and include license suspension, fines, and possible jail time. A third-time offense can result in a felony charge if your BAC is high enough.

Due to this, it is essential that you retain a lawyer licensed in Kentucky who is an expert in the field of DUI law. First, find one you can afford. Ask about retainer fees and payment plans. Ask about the total cost of your case and try to get anything about the lawyer's fees in writing. Second, find one you trust. You want someone you can talk to and someone you can trust. Finally, choose a lawyer who wins his or her cases on a regular basis and has a solid performance history in the courtroom. You want someone who has a great record of acquittal, dismissal, or lessened charges. Some questions your lawyer may raise in court include:

Were you told of the special provision granting you the right to contact a lawyer before being required to take a blood or urine test?
As to any equipment that was used in a blood, breath, or urine test, when was the last time that piece of equipment was serviced? Are we sure it was in proper working order?
Was the person who administered the test trained and qualified in using the equipment?
If any field sobriety tests were conducted at the time, were they valid? How can you prove they were accurate?
The police officer who stopped your vehicle in the first place, what reason did he give? A police officer has to have reasonable suspicion that a traffic or other violation has occurred before stopping a vehicle.

Also, you have a right to a speedy trial. If your trial date is not set within the specified period of time as allowed by law, the charges against you must be dismissed. If you have incurred a DUI charge in the Kentucky, you need to have someone on your side to defend you throughout this process. A conviction for a DUI will have long-lasting consequences, and a criminal record can affect your employment, your future and your personal freedoms. Make sure this doesn't happen to you hire a lawyer today.