Facts to Know About Driving While Intoxicated
Kentucky Revised Statute 189A.010 prohibits driving a motor vehicle with an alcohol concentration of or above.08, or while under the influence of alcohol or other substance which impairs driving ability. Persons under age 21 are prohibited from driving with an alcohol concentration of or above .02. The penalties depend on how many DWI convictions you have had in the last five years. The jail sentences and fines increase with the number of such prior convictions.
There are three basic things you can do to help yourself if you are arrested for DWI:
- Should you submit to questioning by the police? The answer is a definite no. No!
- Should you submit to the blood, breath, or urine tests which measure alcohol? In most cases you should submit.
- Hire an experienced attorney specializing in DUI law.
A person arrested for DWI is required to submit to all blood, breath or urine tests under KRS 189A.103. He has no option of picking which tests will be performed. If he refuses requested tests his driver's license will be suspended in arraignment court.
A refuser, if convicted of DWI, is subject to a mandatory jail sentence twice as long as the mandatory minimum jail sentence imposed if he submits to the tests. Further, he is unable to obtain a hardship license.
There is no constitutional right to refuse the requested tests. KRS.189A.107 provides a hearing to suspend the driving license for refusal even in cases where he is not convicted of DWI.
Often, at a DWI arrest, the officer will tell the suspect that things will go better for him if he talks. Do not talk. It does not help - and usually convicts.
If you follow these suggestions - your case will be much easier for your attorney to defend in court.
Breathalyzer
Be skeptical of field breathalyzer tests. In a drunk-driving murder case I know about, two breathalyzers (by the same manufacturer) were used to test the same girl driver within five minutes. One registered .13 and the other .17. Why?
This same girl was given a blood alcohol test - where blood is taken from your arm. The test kit (tube of blood) was then sent from a hospital to a police lab by U.S. mail. The kit was in a postal vehicle for almost four days.
Vehicles get hot in the daytime, and blood has sugar in it. It ferments when subjected to heat. Therefore in theory the blood, already containing an amount of alcohol, fermented to a higher degree of alcohol. This is a strong trial argument.
Please contact Nick Carlin at (502) 459-3952 or call his cell phone at (502) 379-0965. Your inquiry will be responded to quickly.