Can My DUI Charge Be Invalidated?

DUI charges in Kentucky are a serious matter, with consequences that can range from a heavy fine to losing your license to even serving jail time. The police and legal system take drunk driving seriously ― and for good reason. In 2010, there were 171 alcohol-caused fatalities in Kentucky and, every year, families are devastated by accidents caused by drunken drivers. Nevertheless, as an American citizen, you are entitled to certain rights, and the police must act properly and legally when arresting you for DUI or any other criminal charge. A Louisville criminal defense lawyer will look closely at the circumstances surrounding your arrest and build a case. And, if he or she finds the police have acted improperly, your case could be invalidated before it even goes to court.

In cases where police impropriety is suspected, your lawyer may examine the following factors:

  • Whether the apprehending officer had probable cause to pull you over
  • Whether the officer informed you of your Miranda Rights and legally searched your car
  • Whether there were extenuating circumstances surrounding your refusal to take  a Breathalyzer test
  • Whether there is ample evidence to convict you on fallible, pseudo-scientific techniques such as having you walk a straight line, or stand on one leg or even the results of a portable breath test (PBT)

As a U.S. citizen, you have rights that law enforcement must respect and the police have certain legal procedures they must follow. If they do not, your case could be invalidated.

A Louisville criminal defense lawyer at The Law Offices of John Schmidt & Associates can provide legal counsel if you are facing a DUI or another criminal charge.


If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options.

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