The police have a responsibility to keep the roads safe. Stopping motorists they suspect of driving under the influence of alcohol is one of their primary means of doing so. However, such stops are not always justified. If you have been stopped and arrested on suspicion of DUI, then you are in serious trouble and you should contact a Louisville DUI Attorney to help you get through the situation.
The Law and DUI in Kentucky
When you signed your Kentucky driver’s license, you gave implied consent to a police officer to test your Blood Alcohol Content should you be stopped. This is usually done with a breathalyzer; and if you refuse to cooperate with the officer, you can be taken into custody.
You may have refused to take the roadside test on general principle, or you may have refused to take it because you had been drinking and you did not want the officer to collect the evidence to prove it. Both reasons bring up constitutional issues that many people, including many lawyers, believe are valid: your Fourth Amendment right of protection from unwarranted search and seizure and your Fifth Amendment right not to turn in evidence against yourself.
Nevertheless, the law stands, and the police can detain you for refusing a breathalyzer.
Taking a Stand
There are ways to take on the state. However, you must ensure that you have a lawyer with extensive experience and expertise in handling these kinds of cases. You also want a lawyer who knows well and has a solid working relationship with law enforcement officers and prosecutors.
During your initial consultation your lawyer will ask you to recall the events that led up to the stop and all that happened afterward. The aim here is to understand the particulars of the stop and why the officer selected you of all people to pull over. Police have to do DUI stops and interrogations according to specific rules and regulations. They are not allowed to run roughshod over people’s rights.
One of the first things your lawyer will examine is the legality of the stop itself. Further investigation into the matter may reveal that you were not treated in the appropriate manner and that one or more of your rights was violated in the process of the stop and arrest. It is possible to challenge all the charges and evidence against you on this ground.
If you submitted to a breathlyzer and failed it, your lawyer will have the device itself examined and will also question the officer who administered it. Their own record and background will also be looked at. If there is anything troubling in their past, your lawyer will find out about it. Indeed, your lawyer should know more about breathlyzers and field sobriety tests than the arresting office, and they should be able to use that knowledge as leverage against them.
Your DUI arrest is not the end; it is the beginning of your fight for justice and impartial treatment.