Do I Have To Give A Blood Test If The Police Ask Me To For An Elizabethtown DUI?
Kentucky DUI laws are some of the toughest in the country. The State of Kentucky aggressively prosecutes DUI cases to the fullest extent of the law. Under the State of Kentucky law DUI charges cannot be amended unless certain specific reuirements are met. It is important to hire an experienced attorney who understands DUI laws and who knows how to build a strong defense to a charge of driving under the influence of alcohol or drugs. This is especially true if you have submitted to a blood test.
Under our current laws, you can be found guilty of driving under the influence if your blood alcohol concentration is 0.08 or higher regardless of whether your ability to operate a motor vehicle appears to be impaired. This is usually determined by a blood test or breath test. On the other hand, you can also be found guilty due to impaired driving evn if your blood alcohol concentration is below the legal limit because the law specifically makes it illegal to operate a motor vehicle while under the influence of substances that impair your driving ability such as alcohol, prescription medications and over-the-counter medications.
Because the penalties for DUI are severe, it is important that you contact our office as soon as possible. Our attorneys have extensive experience defending DUI cases. There are DUI defenses available but you must act quickly. Call Musselwhite Meinhart & Staples at 1-800-754-HELP to schedule a free consultation with one of our attorneys.
Penalties for Refusing a Blood Test in Kentucky
Kentucky has an implied consent law that discourages drivers from refusing a blood or breath test when charged with driving under the influence. The state considers every driver who is operating a motor vehicle within Kentucky to have given implied consent to a blood or breath test. Refusing to submit to a blood test is a violation of this law and carries its own penalties that are separate of those for a DUI conviction.
The penalties for refusing to submit to a blood test are:
- Your refusal can be used against you as evidence in court;
- Your driving privileges will be suspended until your case is resolved;
- If you are convicted of DUI, your minimum jail sentence is equal to twice as long as the minimum jail sentence for the same charge if you had submitted to the blood test; and,
- You are not eligible for a hardship license following the mandatory suspension period for a DUI conviction.
The decision to refuse a blood test is in the sole discretion of the driver; however, it is important to note that if you are certain that you are above the legal limit submitting to a blood test is simply adding to the evidence the state has against you. Regardless of your decisions, it is imperative you contact our attorneys as soon as possible so that we can begin to build an aggressive defense to your DUI charge.
Contact an Experienced Elizabethtown DUI Attorney
We’ve Helped Thousands of KY Families, we can help you!
The DUI attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. If you have been charged with driving under the influence in Kentucky, we can help you. We represent clients throughout central Kentucky.
Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032, or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.