Radcliff  & Elizabethtown DUI Defense Attorneys

Defending the Rights of Our Hardin County Clients

A criminal charge of driving or operating under the influence, or DUI, can lead to devastating consequences that will permanently impact your future. You could face heavy fines, the loss of your driver’s license, and significant jailtime.

If you are facing a DUI charge in Elizabethtown, Radcliff, or elsewhere in Hardin County or Central Kentucky, it is essential you retain legal representation that believes in you and will aggressively defend your rights and future. It can be easy to become intimidated and overwhelmed when charged, and you may even be pressured to admit wrongdoing. Our Hardin County DUI defense lawyers in Elizabethtown and Radcliff at Musselwhite Staples Hafley & Johnson have substantial experience defending drivers. We can answer all of your questions and work to do whatever it takes to achieve a favorable outcome in your case.

If you are facing a DUI charge, do not wait to call (270) 351-6032 or contact us online to schedule a free consultation.

How to Protect Your Rights If You Are Stopped for DUI in Kentucky

It is important to remember that you have rights during a traffic stop. If you have been drinking and believe you may test over the legal limit, you should be careful in how you handle being pulled over. You are not required to answer questions an officer may ask you, including where you are coming from, where you are going, and if you have been drinking.

You should always be polite when speaking to the officer to avoid unnecessary confrontation. Being combative with a police officer will make your situation worse and can even lead to additional charges.

It is possible a police officer asks you take a breathalyzer, blood, or urine test to confirm your BAC level. You are not legally obligated to take any test, especially if there is a likelihood you are above the legal limit. Bear in mind that Kentucky’s “implied consent” law stipulates that drivers will take this test when requested. Consequently, refusing to take a BAC test – even if doing so is within your rights – may result in the suspension of your license. Still, in some cases refusing to take a BAC test can be the option with the best possible outcome.

You have the right to speak to legal representation before agreeing or declining to take a BAC test when pulled over. We can give you legal advice on whether or it makes sense to take the test and what the consequences for accepting versus declining might look like.

What Counts as a DUI in Kentucky?

You might think you can only be charged with a DUI if you were actually driving your vehicle at the time of the stop. After all, the state statute specifies that “A person shall not operate or be in physical control of a motor vehicle.” Officers in the state of Kentucky get significantly more leeway than the statute’s text may initially apply, however, and can potentially make an arrest even if you were not actively driving.

A Kentucky court will examine several factors when determining if someone’s actions constitute a DUI, including:

• Whether the person in the vehicle was asleep or awake
• Whether or not the vehicle was turned on
• The vehicle’s current whereabouts and how it got there
• The intent of the driver

The facts of the circumstances leading up to a DUI arrest will factor substantially into your court proceedings, as they give law enforcement officers and judges a great deal of discretion when considering a charge. You may still be arrested on a DUI charge if you are asleep and parked, for example. This could happen in a situation where someone is found parked on the side of a major roadway late at night. An officer could ascertain that while the motor is not running and the person behind the wheel is not actively driving, they were likely driving while intoxicated at some point that evening, leading to their present scenario. These sorts of cases are chargeable and prosecutable.

It is important to understand you can also be charged and arrested with a DUI even if you do not complete an officer-ordered BAC test. You will fail such a test if your blood or breath alcohol content level is 0.08 or higher. The test must occur within 2 hours of the driving incident.

As we mentioned above, you are not legally obligated to take any test the officer requests. That could result in the suspension of your license, but an officer does not technically need the BAC results to arrest you. If they have an incriminatory BAC test, they can charge you under Kentucky’s illegal “per se” statute.

Without any hard numbers, officers can only charge you with an “opinion DUI.” As the name would imply, it means that the officer sincerely believes you were driving under the influence based on your behavior and circumstantial evidence. This means that in the ensuing trial, the only evidence available will be the officer’s report of their interactions with you.

There are inherent risks to this strategy: Your license is likely to be suspended until the trial has complete, and you could face even stiffer penalties should you be convicted. However, it is generally much harder to convict someone of a DUI without hard evidence, especially with the assistance of an experienced DUI defense lawyer. Our Radcliff DUI defense attorneys can help build your defense regardless of whether you took the BAC tests.

What Is an Aggravated DUI?

Getting convicted of any DUI charge will result in serious consequences, but getting hit with an aggravated DUI is even worse. A DUI becomes an “aggravated” charge if there were additional circumstances that made the offense more dangerous to others around you. Aggravated DUIs carry especially punitive sentencing and can limit judicial relief options.

The following situations can lead to an aggravated DUI charge in Kentucky:

• The driver travels 30 mph or more over the speed limit
• The driver has a BAC level of 0.15 or greater (note the legal limit is 0.8)
• The driver’s actions result in serious injury or death
• The driver declines to take officer-ordered BAC tests
• The driver travels the wrong way on a limited access hallway
• Children 12 years of age or younger are present in the vehicle at the time of the driving while intoxicated

If you have been charged with an aggravated DUI, you should immediately get in touch with qualified legal representation. Our team can assess the facts of your situation and give you the aggressive defense your case will require.

If you are facing a DUI charge and need immediate assistance, we are able to schedule same-day and weekend appointments. Call (270) 351-6032 or contact us online to get started.