DUI Defense For Kentucky And Indiana

Last updated on September 3, 2024

What is and is not driving under the influence (DUI), and why might you want to fight the charges?

Many public awareness campaigns tell us that “buzzed driving is drunk driving,” or driving under the influence. These campaigns are scare tactics that do not differentiate between legal driving and DUI. Police officers are encouraged to aggressively seek out potential DUI offenders. The result is an “arrest and sort it out later” mentality that pervades our criminal justice system. This means that a lot of people plead guilty to DUI when they are not actually breaking the law.​

If you are accused of DUI, you need a proven legal ally to ensure that your rights are protected and that you are not wrongfully charged for this crime. At The Law Office of Marvin Knorr & Associates, our attorneys are here to help you. Call 859-495-1857 to speak to a trusted criminal defense attorney or reach out online to set up a consultation.

A DUI Charge Is No Joke

Being charged with DUI is serious. A DUI conviction carries with it not only potential criminal penalties, which include jail time and fines, but also civil penalties ranging from the loss of your license to drive to your inability to maintain or be hired at certain jobs. Additionally, your insurance is going to increase substantially, and you may be required to install an ignition interlock device in your vehicle.

What Is DUI?

​In the commonwealth, it is illegal to be operating or in physical control of a motor vehicle while:​

• Having an alcohol concentration of .08% or more as measured by a test of your breath or blood, which must be taken within two hours of your having operated or been in physical control of a motor vehicle
• Under the influence of alcohol, drugs, a combination of drugs and alcohol or any other substance that impairs your driving ability
• On a controlled substance that is detected by a blood test, which must be taken within two hours of you having operated or been in physical control of a motor vehicle
• You are under 21 years of age and have a blood alcohol concentration of .02% or more as measured by a scientifically reliable test, which must be taken within two hours of you having operated or been in physical control of a motor vehicle

DUI Penalties

DUI is an enhanceable offense, meaning that the penalty for DUI in the commonwealth depends on whether you were previously convicted or entered a plea of guilty to DUI within the last 10 years. Thus, for DUI, the potential penalties are as follows:

• First offense: Punishable by license suspension between 30 and 120 days, fines of $200 to $500 and two to 30 days in jail
• Second offense: Punishable by license suspension between 12 and 18 months, fines of $350 to $500 and up to six months in jail
• Third offense: Punishable by license suspension between 24 and 36 months, fines up to $1000 and two to 30 days in jail
• Fourth and higher offense: Punishable by license suspension between 60 months, fines of up to $10,000 and up to five years in jail, with a mandatory minimum of 120 days

Additionally, a DUI conviction requires that the offender pay a DUI service fee and complete an alcohol/drug education course, the length of which is determined by whether it’s the offender’s first, second, third, fourth or subsequent DUI conviction.

​Aggravating Circumstances

In the commonwealth, additional penalties are imposed for what are known as “aggravating circumstances.” Aggravating circumstances include operating a vehicle:​

• At 30 mph or more over the speed limit
• In the wrong direction on a limited-access highway
• That causes an accident that results in death or serious injury to another person
• With a blood alcohol concentration of .15% or more
• And refusing to submit to a test of alcohol concentration (if this is a second or greater DUI charge within 10 years)
• While transporting a passenger who is under 12 years old

If any of these aggravating circumstances are present, the minimum period of incarceration is doubled, and the service of that minimum sentence becomes mandatory without the possibility of early release.

​Kentucky’s Implied Consent Statute

​After you have been arrested on suspicion of DUI, the arresting officer is required to read to you the implied consent statute before requesting that you submit to a test of your breath, blood or urine. The law states that anyone who drives on Kentucky’s roads has already consented to a test of their breath, blood or urine if an officer has probable cause to believe that the DUI statute has been violated.

That is right: The officer just told you that you agreed to his test without even knowing about it. Now, you can refuse this test, but then, it would not be a very good implied law if you could refuse without any consequences. Refusing to submit to a test of your breath, blood or urine (this is not the portable breath test) will impose civil, criminal and evidentiary consequences. The civil consequence is that your license to drive will be suspended pretrial (at the time of arraignment) if you refuse. Additionally, your refusal may be used against you at trial as evidence of your having violated the DUI statute. Finally, your refusal is an aggravator (if this is your second or greater DUI charge within 10 years), which means that the minimum period of incarceration is doubled if you are convicted.

You Need To Make A Serious Decision

You are not going to have a lot of time to make a decision of whether to take the offered test (the officer chooses the test they want to offer). Importantly, the officer should give you between 10 and 15 minutes to attempt to contact an attorney. Even after speaking to an attorney, this is not an easy decision. Refuse, and you will lose your license to drive pretrial, and it may then also qualify as an aggravator. If you take the test, however, you are giving the commonwealth a number that it will use to attempt to prove your guilt. You will have to make a decision suited to your needs.

Defending DUIs

Now that you know a little bit about what you are facing if convicted of DUI, we should talk about how our attorneys defend a DUI at The Law Office of Marvin Knorr & Associates. DUI defense is centered around the officer who arrested you and any test to determine your alcohol concentration. In Kentucky, all police officers are required to attend training at Eastern Kentucky University’s Department of Criminal Justice Training. As part of their initial training, they will receive substantial DUI enforcement training.

Many officers do not continue to improve their DUI enforcement training after leaving the academy. This is important because DUI testing in Kentucky is fundamentally about officer training. When an officer does not follow their training, it increases your chances of successfully fighting the charges.

We Defend Indiana And Ohio Drivers Who Are Arrested For DUI In Kentucky

Ohio and Indiana drivers who are pulled over for drunk driving in Kentucky face unique legal challenges. In addition to a Kentucky criminal case against you, you will likely be facing consequences such as license suspension in your own state. That is why it is crucial to work with a DUI attorney with experience in all three states to resolve your case effectively.

Benefits Of Hiring A Local Kentucky Criminal Defense Firm

When you receive a DUI charge in Kentucky, you cannot simply return to your home state and forget about the charges. Kentucky authorities will typically alert Ohio and Indiana law enforcement about your case. This may result in your Ohio or Indiana driver’s license being suspended, and if you fail to appear for any of your Kentucky court appearances, you may be arrested in your own state and returned to Kentucky for trial.

For these reasons, many recommend hiring both a Kentucky attorney and an attorney in your own state. At The Law Office of Marvin Knorr & Associates, we are licensed to practice in all three of these states – Kentucky, Indiana and Ohio – eliminating the need to hire multiple attorneys for your case.

At the very least, having a Kentucky DUI defense attorney is crucial, as you will be facing criminal penalties in Kentucky for DUI. Traveling to Kentucky courts may mean a lot of time out of work – a Kentucky attorney can help lessen the burden by working with you on a local level. An attorney residing in Kentucky also typically has a more in-depth understanding of local courts, judges and prosecutors, which could be beneficial when building your defense.

We Also Defend Clients With Indiana DUI Cases

An OWI conviction in Indiana can have far-reaching penalties, even if it is your first offense. These penalties can increase dramatically if your BAC is over .15%, if you have minors in your vehicle or if you cause injury to others. Drivers under the age of 21 also face different penalties, as well as a lower BAC limit of .02%.

Indiana first-time OWI penalties:

• Up to $5,000 in fines
• Up to one year in jail
• Potential license suspension (up to two years)
• Other penalties such as community service, participation in a victim impact panel, drug testing and installation of an ignition interlock device (IID)

Indiana second OWI penalties:

• Up to $10,000 in fines
• Up to three years in jail
• License suspension of up to two years
• Community service with probation
• Other terms such as substance abuse treatment, participation in a victim impact panel, drug testing and installation of an IID

A third OWI charge comes with even more severe consequences. As a habitual offender, you could lose your license for up to 10 years, in addition to other penalties such as high fines and jail time.

Trust A Firm With A Proven Record Of Results

The consequences of a DUI conviction can be steep and life-changing, from high fines and jail time to license suspension, preventing you from living your everyday life. The Law Office of Marvin Knorr & Associates has successfully defended many clients across Kentucky, Ohio and Indiana against drunk driving charges and will aggressively advocate for the best possible outcome in your case.

Our legal team is here for you 24/7. Get started today by contacting our office online or by calling 859-495-1857.