Louisville Lawyer Represents You in DUI
Ensuring due process, seeking to reduce charges and minimize penalties
The Campisano Law Office defends residents of Louisville and surrounding counties who are charged with driving under the influence or (DUI). We defend drivers against traffic violations charges as well.
Your first DUI offense
Kentucky takes matters involving DUI very seriously. Any adult age 21 or older who is caught driving with a blood alcohol level of .08 or higher can be arrested and charged with DUI. State law can be complicated but essentially boils down to progressively stiffer punishment for repeat offenses.
Your first-time DUI offense carries fairly serious penalties:
- A $200 to $500 fine
- Up to 30 days of community service
- Two to 30 days in jail
- Completion of a 90-day alcohol or substance abuse program
- A suspended license for 30 to 120 days
- Possibly two to 30 days of community service
In certain instances, jail time jumps to a minimum of four days. So-called “aggravating circumstances” include driving more than 30 miles per hour over the speed limit, wrong-way driving, causing death or serious physical injury to another, an alcohol level of .15 or more, refusing to submit to a blood alcohol test, and transporting passengers under 12 years of age.
Depending on your case’s circumstances, our criminal defense attorney may be able to negotiate a lesser charge or sentence.
Penalties grow with each subsequent DUI charge
The penalties grow each time you are fined within five years of your first DUI offense.
Drivers convicted of a second or subsequent DUI will forfeit their license plates to the court during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator's vehicle after the driver serves a statutory suspension period.
By the fourth offense, your DUI is considered a Class D felony with a minimum 120 days in jail without probation — 240 days without probation should aggravating circumstances apply. You may also be ordered to attend a one-year alcohol or substance abuse treatment program and lose your license for five years.
Kentucky DUI law regarding refusal to submit to a test
Under Kentucky's implied consent law, all drivers suspected of DUI are required to submit to a breath, urine or blood test at the request of a police officer. Failure to comply can result in suspension of your driver license, ranging from 30 to 120 days for your first refusal to submit, to five years for your fourth refusal (within five years). Failure to submit is a separate charge from DUI — you may be found guilty for failure to submit even if you are found innocent of driving under the influence.
Traffic violations in Kentucky
Speeding. Following too closely. Careless driving. These are dangerous and potentially expensive offenses. Depending on your auto insurance carrier, even one moving violation against you is enough to raise your rates. If you’re convicted of certain violations, you will have points added to your license. To reduce your points and avoid having your license suspended, you may be able to attend traffic school. However, you must be referred by the court and meet specific eligibility criteria:
- Your driver license cannot currently be suspended
- You may only attend for minor traffic violations
- You may only attend once every 12 months
If the court refers you to traffic school and you accept, you are then required by the court to attend. Failure to attend could result in your license being suspended until you have completed the course.
Contact the Campisano Law Office today
When you are charged with DUI or traffic violations, go with an experienced attorney who will represent your rights and best interests. Call the Campisano Law Office at 502.220.4329 or contact us online to discuss your legal issue.