What are some of the most important things to know about your first DUI in Louisville or anywhere in Jefferson, Bullitt, Hardin, Spencer, Shelby and Oldham counties? How can I help you to reduce the consequences you will face in your DUI and the cost of this experience?
My name is John Schmidt and after more than 20 years as a criminal defense attorney based in Shepherdsville I can tell you there are a lot of issues associated with a DUI. The potential consequences for a first offense DUI (in the past 10 years) include a fine of between $200 and $500, 48 hours to 30 days in jail, mandatory alcohol or drug treatment, community service, a service charge of $375, and a minimum suspension of your driver’s license for at least 30 to 120 days.
If there are aggravating factors the penalties are greater. The minimum jail time is doubled if there are aggravating circumstances, and this minimum jail time is mandatory and must be served. Aggravating factors include but are not limited to driving more than 30 mph above the speed limit, causing an accident resulting in injury or loss of life, driving with a child or children in the car while intoxicated, driving the wrong way, refusing to submit to DUI testing, or a high Blood Alcohol Concentration (BAC) of .15 or higher.
The results of a Portable Breathalyzer Test (PBT) are not admissible in your case. There have been several well-documented issues with these devices over the years and our laws have changed to keep the PBT results our of evidence in Court. It is important to note that Kentucky requires those suspected of DUI to provide a breath, blood or urine sample if one is lawfully arrested for suspicion of DUI. The refusal to do so carries much higher penalties and longer suspension.
How Can We Help?
If your driver’s license is suspended, you may not drive under any circumstances and should not drive. If you need to drive it may be possible for the Law Firm of John Schmidt & Associates to apply for a hardship and restore limited driving privileges. This can allow you to legally drive to and from work, school and even the alcohol or drug treatment classes.
There will be an initial hearing known as an “arraignment.” At the arraignment you must enter a “guilty” or “not-guilty” plea. What is the best thing for you to do in order to achieve the best outcome in your case? A bond may be requested or required in your case.
After the arraignment are pretrial hearings. This is where I can learn about the prosecution’s evidence in your case and work toward discovery, the challenge, suppression or dismissal of any and all evidence, as well as investigation of the process from the officer in the field through testing and initial retention. This time is valuable for negotiations regarding both the evidence and ultimate potential consequences or sentencing.
There are several points in the process where I can make a significant difference in the consequences you will face after your first DUI in Louisville. Ask me about DUI diversion programs and other opportunities to reduce the consequences you face including ignition interlocks. My experience in these cases and the laws of Kentucky help me to negotiate much less severe penalties, the reduction of charges or a dismissal of your case altogether.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 20 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
