Let’s get this out of the way: Driving under influence (DUI) is a serious offense with severe consequences. If you are caught and charged with drunk driving in Kentucky, you will pay a heavy price for the offense. You are better off not driving while drunk in the first place.
Whether it is your first or third arrest, facing a DUI charge can be quite traumatizing. However, it helps to know that not all DUI charges end in convictions. Here are two police errors that you can invoke if you are charged with DUI in Kentucky.
Arresting you without probable cause
Law enforcement must have probable cause to stop, arrest and charge you with drunk driving. Meaning, you must have violated some traffic offense or operated a motor vehicle in a manner that endangers other road users. Traffic violations that could lead to a stop for DUI investigation include swerving in and out of your lane, making improper turns, driving on the wrong on a one-way street or failing to take note of traffic signs. An arrest that is executed without probable cause can be contested.
Test administration errors
One of the pieces of evidence the police will present in your drunk driving case is your blood alcohol level (BAC) test result. For this, the police will need to administer a Breathalyzer test. But what happens if the police made mistakes while administering the test resulting in a false positive? Well, in this case, you have the right to contest the test results. If you have evidence that the police made mistakes while administering the breathalyzer test, then you can challenge the test result as well as your DUI charge.
A drunk driving conviction can lead to a variety of legal and collateral consequences. If you are charged with DUI in Kentucky, you need to understand your legal options so you can mount an effective defense.