In a Kentucky DUI arrest, there exists the possibility of a driving suspension imposed BEFORE the case is resolved. Even if you are NOT GUILTY of DUI, you can still be suspended. How? By not taking a chemical (blood, breath, or urine) test to determine the alcohol level in your system.
If you’ve been arrested for DUI, you’ll be faced with a decision. Take the test or refuse. If you take the test and are over the limit, the ability of the prosecutor to prove your guilt becomes much, much easier for them. But, you won’t be suspended pre-trial.
If you don’t take the breath test, you’ll be suspended at arraignment, but have a significantly better chance of beating the case. You can be suspended pre-trial for a maximum of 120 days on a first offense.
So, what do you do? Well, one thing to consider is if you are convicted of DUI you’ll face a 120 license suspension anyway. If they have a breath test result over the limit, statistically, you’ll likely be convicted. If you refuse the test and are convicted you still face the 120 license suspension, but you’ll be credited any time you’ve been suspended pre-trial. And your chances are much better at beating the case without a breath test result.
Call us for a free no-obligation consultation on your Kentucky DUI charge. We can be reached in Northern Kentucky at 513-333-0012. If you have a Lexington DUI case call us at 859-685-1021.
