Elkton, KY DUI Lawyer

Elkton, KY DUI Attorney

Kentucky’s criminal laws have serious penalties for anyone found to be driving under the influence. If you were recently arrested and charged with a DUI, you need legal representation to protect you from the harshest punishments under the law. An Elkton, KY, DUI lawyer can call into question the evidence being used against you.

Michael J. Thompson, Attorney at Law, understands the state’s DUI penalties and how to defend clients who are facing these types of criminal charges. With strong legal representation, you can focus on your personal life while your attorney handles the bulk of the work needed to defend you in court.

Why Choose Michael J. Thompson, Attorney at Law?

Michael J. Thompson, Attorney at Law, and our co-counsel deliver honest, aggressive DUI defense to clients in Elkton and surrounding areas in Kentucky. With deep roots in the local community, our lawyers understand and appreciate residents’ unique challenges.

Our founding attorney is a former U.S. Marine infantryman. He brings a disciplined, tactical approach to DUI defense. His experience with military and civilian clients alike provides him with a comprehensive understanding of the issues impacting local families and service members. Devoted to defending your rights, he offers unparalleled advocacy and practical insight.

Criminal Penalties for DUI in Elkton, KY

Even a first-time DUI conviction can lead to a suspended license, fines, and potential jail time. The penalties for each subsequent offense increase. A first-time conviction could mean that you face a 90-day substance abuse program and a six-month suspension of your driver’s license. A subsequent conviction or guilty plea could lead to a court-ordered one-year treatment program and an 18-month suspension of driving privileges.

A third offense could lead to a three-year license suspension, while a fourth offense results in a year of treatment and a lengthy five-year suspension. Refusing a breath or blood test adds further penalties. The court can suspend your license even before you are convicted.

In Kentucky, getting a DUI can also mean time behind bars, with penalties that grow tougher with each offense. For a first offense within 10 years, you could spend anywhere from 48 hours to 30 days in jail and face fines between $200 and $500.

A second offense increases the penalty to 7 days to 6 months in jail, with fines from $350 to $500. By the third offense, jail time ranges from 30 days to a full year, and fines go up to $1,000. Kentucky’s DUI laws send a clear message — each repeat offense brings stiffer consequences, combining jail time and fines.

How an Attorney Can Help You Fight Your DUI Charges

Facing DUI charges can feel overwhelming. An experienced Elkton, KY DUI Lawyer can provide crucial support by reviewing your case and looking for weaknesses in the prosecution’s evidence, such as procedural errors in the traffic stop, breathalyzer inaccuracy, or improperly conducted field sobriety tests.

Skilled attorneys can negotiate to reduce your charges, possibly lowering a DUI to a lesser offense, or even work to get the case dismissed if the evidence is insufficient. If your case goes to trial, a lawyer will represent you, building a defense strategy to challenge the prosecution’s claims.

An attorney can also guide you through the legal process, ensuring you understand your rights and possible outcomes. This knowledge can be invaluable in making informed decisions. With their support, you improve your chances of securing a favorable outcome, protecting your license and record, and potentially avoiding harsh penalties like fines or jail time.

FAQs

Q: What Is the New Law in Kentucky for DUI?

A: As of July 1, 2020, Kentucky’s new DUI law under SB 85 enforces standardized suspension periods. Previously, courts could choose suspension times within a range. The Kentucky Transportation Cabinet (KYTC) now administers fixed suspension periods based on the DUI offense type, creating more consistency in license suspension times across cases.

Q: Do I Have to Accept a DUI Plea Bargain Offer?

A: You do not have to accept any plea bargain offer, but failing to accept a deal could mean that your case goes to trial. Your lawyer can be a trusted source of advice and counsel to understand the full implications of accepting a plea bargain. In some cases, a favorable plea bargain could allow you to put the whole ordeal behind you.

Q: Can a DUI Be Dismissed in KY?

A: A DUI can be dismissed in Elkton, KY and other areas of Kentucky if you have experienced legal counsel. The courts typically do not dismiss charges on their own, even when there may not be strong evidence against you. Your attorney can file motions and take other steps to push for your case to be dismissed if the facts of the arrest warrant those steps.

Q: How Likely Is Jail Time for the First DUI in Kentucky?

A: Generally speaking, first-time offenders who are charged with a non-violent crime stand a decent chance of avoiding jail time, especially when they have experienced legal representation. A criminal defense attorney in Elkton, KY can argue that leniency in your case serves the interest of justice. Without legal representation, a defendant would have a much more difficult time defending their rights and presenting mitigating evidence.

Q: Do You Lose Your License Immediately After a DUI in KY?

A: It depends. You will lose your driving privileges if you refuse to take a breathalyzer test following your detention. Losing your driving privileges is a standard punishment following a conviction.

The length of your suspension depends on whether you are a first-time or repeat offender. Having legal representation can help you fight your DUI charges so you do not lose your driving privilege for an extended period of time.

Schedule Your DUI Consultation Today

You do not have to settle for a less-than-favorable plea bargain. There are no predetermined outcomes in criminal court, especially when you have strong legal representation. The legal team at Michael J. Thompson, Attorney at Law, can represent you in court and take steps to seek a favorable outcome to your case.

Our lawyers have represented many clients who were accused of driving under the influence of drugs or alcohol. We understand the state’s laws and how to weaken the prosecution’s case to have your charges dropped or reduced. Contact our office today to schedule your consultation with our experienced Elkton, KY DUI Lawyers.