When a new DUI client walks into our law firm, one of the first things we ask is, “what happened?” We want to know all the facts about the stop, were any searches performed? Any tests taken? All conversations between the client and the police officer(s), and any paperwork related to the incident are obtained. With this information, we begin to analyze potential defenses to the DUI charge. A few examples of possible DUI defenses include:
- LACK OF PROBABLE CAUSE TO ARREST IN KENTUCKY – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
- BOOKING ROOM VIDEOS IN KENTUCKY – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
- FAILURE TO CONDUCT OBSERVATION PERIOD IN KENTUCKY – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.
- STANDARD FIELD SOBRIETY TESTING IS INACCURATE IN KENTUCKY – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
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