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What to Do When You’re Pulled Over for a DUI in Kentucky?

dui attorney in Louisville, KY

Seeing lights flashing in your rear view mirror and hearing the siren blaring is never good news, but it’s even more terrible than normal if you’ve been drinking. The best way to avoid a DUI in the Commonwealth of Kentucky is the simplest one: don’t drink if you plan to get behind the wheel of a car. If you do find yourself being pulled over on suspicion of driving under the influence of alcohol, follow the tips below to ensure that you receive the best possible result from any subsequent prosecution in Kentucky for a DUI.

  1. Stay calm. It can be difficult not to show your nervousness when you’ve been pulled over on suspicion of DUI. However, the officer will be watching you for any signs of intoxication, and nervous behavior like rambling, becoming flushed, or fumbling papers can just as easily be seen as signs that you’re drunk. And remember in this modern era, it is most likely you are being filmed from the officer’s dashboard camera, from a body camera, and from  multiple cameras at the jail prior to any breath tests.  Your every move is being recorded!
  2. Remain as quiet as you can. You’re obligated to provide the officer with your driver’s license, vehicle registration, and proof of insurance. Beyond that, you are not required to converse with the officer, and any further conversation could be portrayed in court as additional evidence that you’re drunk. No offense, but you’re not going to talk your way out of it! Respectfully and politely tell the officer that you’d rather not answer questions, if asked. You can tell them your lawyer told you to never answer any questions unless he’s present, and you can do so in a very respectful and pleasant manner!
  3. You are not required to complete field sobriety tests. Field sobriety tests, such as following the officer’s finger or pen with your eyes, or walking nine heel to toe steps, are difficult to complete when you aren’t extremely nervous, standing along the side of the road, possibly late at night, with an officer watching you. Completing those tests often just provides more evidence supporting the officer’s decision to arrest you.
  4. The breath test machines at the jails in Jefferson County are not new.  The technology in them is about 30 years old.  Would you trust a 30 year old computer or use a TV with 30 year old technology in your house?  It is true that if you refuse to take the test or tests as requested by law enforcement, you are subject to a pre-trial license suspension at your arraignment.  However, you will still be eligible to request the installation of an ignition interlock device and interlock driver’s license that allows you to drive while the case is pending.  If you blow, you’re doing so at your own risk!  The Commonwealth has to prove two things. 1) operation or physical control of a motor vehicle and 2) impairment.  If you are above a .08, you’re impaired by law!  So make your decision wisely!  Remember, your attorney doesn’t trust those machines, so you can choose to refuse!
  5. Call a lawyer. A DUI can have a major impact on your ability to keep your job, as well as on your job prospects in the future. Hiring an attorney can vastly improve your chances of being found innocent, or of any charges against you being dropped. You’ll be provided with no less than 10 and no more than 15 minutes to contact an attorney at the jail PRIOR to making your decision as to whether or not to submit to all requested tests.  This is an excellent time to get legal advice! Take them up on this offer.  Law enforcement will allow you to use your cell phone so save my number!

If you’ve been arrested in Kentucky for driving under the influence, or of another crime such as theft, drug possession, or burglary, contact the diligent and experienced Louisville criminal defense attorney Ron Aslam for a consultation on your case, at 502-581-1676.