My name is Joe Suhre and I am the managing partner at Suhre & Associates, LLC.

And as part of our criminal defense practice, we provide our clients with an aggressive and thorough DUI defense….both in Northern Kentucky and across the river in Cincinnati.

In fact, with the help of a very experienced team of DUI attorneys, which includes a former police officer and former prosecutors, I have been named a leading Cincinnati DUI Attorney by Cincy Magazine every year since 2006 and a Rising Star Super Lawyer by Cincinnati Magazine in 2011 and 2012.

So, what does that mean to you?

Simply this – the DUI Attorneys at Suhre & Associates are very efficient at solving your legal issues – particularly the many problems you’ll have to face after an arrest for DUI in Kentucky.

While you are here at this website, take a look just to the right.  I have put together a large number of questions and answers related to DUI in Northern Kentucky.

At the top-right, there is a search box.  All you have to do is type in a question, and if the answer is on this site, you’ll be led directly to it.

An alternative to using the search box is selecting one of the categories shown right below the search box.  Just click on the one you’d like more information about, and the questions and answers about Northern KY DUI issues will be shown.

And for additional information about DUI legal issues in the state of Kentucky, see our Northern Kentucky DUI overview.

One last thing before I go – if you, a family member, or even a close friend has been arrested for DUI in Northern Kentucky, do not put-off contacting an attorney.  Whether it’s my firm or another in the area, the earlier an attorney can get involved, the better-off you’ll be.

For immediate assistance with a DUI issue, don’t hesitate to give our 24 hour emergency number a call at 513.333.0014.  We are available to help 24 hours a day, 365 days a year.

When a person is charged with DUI in Kentucky and submits to a blood, breath, or urine test at the request of the police; they also have the right to a separate independent test.  This separate test is available after the person has submitted to all the tests requested by the officer.   The additional test is typically a blood test at a local hospital.  The officer has to provide reasonable assistance to the person to obtain the test.  This can include allowing a person to call to obtain money for the test, transporting the person to a hospital for the test, etc.  The inability to obtain a test does not preclude that admission of test the police administered but the police’s refusal to provide reasonable assistance can – it’s a violation of the person’s Due Process rights.

Each Kentucky DUI case will have its own unique circumstances, so it is important to have an experienced Kentucky DUI lawyer review the case.

There are several prerequisites to the admissibility of a breath test in a Kentucky DUI case. One of those prerequisites relates to the timing of the breath test relative to the end of operation of the vehice.

The law requires that any breath test result admitted to prove a per se offense be taken within two hours of the cessation of operation of the motor vehicle. One of the things the attorneys at Suhre & Associates, LLC will investigate is whether or not the police complied with this requirement. If not, then the breath test in your DUI case will have to be thrown out.

Be sure to call us for a free consultation on your DUI case.

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.

Ohio has an offense known as “Physical Control Of Vehicle While Under The Influence”, commonly called physical control.  In order to be convicted of this charge, the prosecutor must prove that a person was in physical control – which is defined as being in the driver’s position of the front seat and having possession of the ignition key and be under the influence of alcohol or over the legal limit.  These sections can be found at ORC 4511.194

Physical control is a 1st degree misdemeanor, punishable by up to 180 days in jail and a $1,000.00 fine.  A physical control conviction does not enhance a later Ohio DUI charge.

Kentucky, on the other hand, does not have a separate physical control statute.  It and DUI are dealt with under the same section – 189A.010.  That section states that no person shall operate or be in physical control of a motor vehicle when under the influence or over the limit.  DUI and physical control are charged and prosecuted in Kentucky as a single offense. 

This has an important consequence.  If one were to be convicted of a physical control in Ohio and subsequently charged with DUI in Kentucky – it could be treated as a second offense.  If one was convicted of a violation of 189A.010 in Kentucky (assume it was physical control and not operating the vehicle) and then charged with DUI in Ohio, there could, if not handled properly, be an enhancement of the Ohio DUI because of the prior Kentucky conviction. 

The defense lawyer should obtain all the relevent information on the prior charge to present to the prosecutor on the new charge.  If the prosecutor will not agree that it doesn’t enhace the charge – a motion would have to be filed to seek resolution by the judge.

If you have an Ohio or Kentucky DUI, call for a free consultation at 513-333-0014.

Aside from causing an accident and injuring someone, a person charged with a second or more offense DUI faces the most serious type of DUI.  Not just because the minimum penalties are enhanced – you can read about the penalties here http://www.suhrelaw.com/kentucky-dui-overview.php - but because the judges and prosecutors have noticeably less tolerance for making plea bargains or giving minimum sentences.

As the attorney, I must advise the client of the potential penalties and the outlook of the case.  One the evidence is obtained and the facts are evaluated, we are in a much better position to decide how to proceed with the defending the case.  Its very important to review all the evidence so the case can be properly evaluated and the right plan implemented.

If you have been charged as a multiple DUI offender, call me for a free consultation at 513-333-0014 in Northern Kentucky or 859-685-1021 in Lexington.  From a second DUI offense to a felony DUI offense, and everything in between – we’ve handled them all.

Since I am licensed in both Ohio and Kentucky, I have a unique perspective on the consequences that come from a DUI conviction in either state.  The interplay between Kentucky’s underage DUI statute and Ohio’s underage DUI statute is important.  There are separate long term consequences depending on where one is convicted of the underage DUI, if they are subsequently charged with an adult DUI.

Ohio has a statue called Operating A Vehilce After Underage Consumption – or OVUAC.  It can be found at Ohio Revised Code 4511.19(B).  A first offense is a misdemeanor of the 4th degree and carries a potential penalty of 0-30 days in jail, a fine of $0-$250, possible alcohol treatment, a 90-day to 2-year license suspension, 4 points on an Ohio driver’s license, and probation. 

Under ORC 4511.19(G)(1)(b)-(e), a person who is convicted of a DUI or underage DUI who is subsequently convicted of DUI, will have the penalty enhanced as a multiple-offender.  In other words, an underage Ohio DUI does serve to enhance a subsequent Ohio DUI charge.

Contrast that with Kentucky.  In Kentucky, the statute specifically excludes an underage DUI (KRS 189A.010(50(e)) from enhancing a subsequent adult DUI.  The statue excludes it by its very language. 

What happens if a person is convicted of an underage DUI in KY and then is charged with a DUI in Ohio – does that Ohio DUI get treated as a second offense?  It might.  The ORC provides that a prior conviction for a violation of 4511.19(A) (DUI), or 4511.19(B) (Underage DUI) OR“one other equivalent offense”.  If the court interprets that language to include an out of state (ie Kentucky) underage DUI, then the penalty will be enhanced.

If you are charged with a DUI, in either Ohio or Kentucky, it is important to retain an attorney that is familiar with the law and the potential arguments to defend you.  We are always available for a free consultation.  If you have a legal need and would like to schedule a time to discuss it, please call us at 513-333-0014.

The question is whether or not an underage DUI conviction will enhance a subsequent Kentucky DUI offense, making it a second offense.  The answer depends on what we mean by “underage DUI”.

There are two possibilities for an underage person – and by that I mean a person under 21 – to be charged with a Kentucky DUI.  First, if an underage person is either impaired or tests over .08 by breath, or is over the limit by blood or urine, there is no distinction or break for being under 21 and they can be charged with a regular DUI.  The DUI charge, if there is a conviction, has the same consequence as if the person were over 21.

However, if an underage person takes a breath test and it is above a .02, but they are not impaired, they may be charged with what is sometimes referred to as a “baby DUI”.  The “baby DUI” is authorized by KRS 189A.010(1)(e).

Interstingly, there is no upper limit on the breath test level under (1)(e).  It would be theoretically possible for an underage person to be convicted of a “baby DUI” with a breath test of .08 or above – although I would see this as unlikely since the prosecutor would most likely have charged a regular DUI, not a baby DUI. 

If that were to happen though, the statute provides that the underage person who tests above a .08 is subject to the same penalties as a regular DUI.  But, if the person is convicted of the underage DUI in section 189A.010(1)(e), it does not enhance a subsequent offense.

If you have been charged with a DUI in Kentucky, call Mike Zimmerman or me, Joe Suhre, for a free consultation.  We can be reached at 513-333-0014.

In a DUI case, most defense attorneys will file for discovery.  Discovery is simply another term for evidence.  Its important to review all of the evidence in a case, so a proper assment of the strengths and weaknesses of the case may be made.

But what if a prosecutor will not respond to a discovery request in a DUI case?  What can happen then?

The Kentucky Rules of Criminal Procedure set forth the consequeces for not responded to discovery in a DUI case, or in any criminal case.  First, the DUI defense attorney has to have made a written request for discovery.  It is always good practice to file a motion for discovery with the court and serve a copy on the prosecutor.  That way, there is no dispute as to whether or not a request was made, and then, if there is not response, you are entitled to make a motion to compel.

A motion to compel is the typical motion filed with the court to notify the judge that the prosecutor has not provided evidence in the case.  The best way to handle a motion to compel is to FIRST have requested the information from the prosecutor, in both a phone call and a follow-up letter.  This will show the judge that the defense counsel has made an effort to obtain the information before going to the court for help.

The judge has the power to issue an order to permit the discovery or inspection, grant a continuance in the case, or prohibit the part from introducing into evidence the material not disclosed.  It is rare that a judge, on a first motion to compel, will order that the material not be admiited into evidence.  This can occur, though and most often would occur if the prosecutor were trying to introduce evidence in the middle of  a trial.

Discovery is simply another was of saying evidence.  In a Kentucky DUI case, the defense attorney will usually file a discovery request.  A discovery requests asks the prosecutor to provide the defense with the evidence that the Commonwealth intends to use at the DUI trial.

The Rules of Criminal Procedure cover the scope of the DUI discovery. Criminal Rule 7.24 is entitled Discovery and inspection.  That rule requires, upon a written demand of the defense, the Commonwealth’s attorney (prosecutor) to disclose the evidence.

The evidence that must be disclosed includes oral incriminating statements, written or recorded statements made by the defendant, physical or mental examination reports.

On motion, the court mayrequire the commonwealth’s attorney to allow the defense to inspect and copy books, papers, documents, or tangible objects may be material to the preperation of the defense.  It does not extend to memoranda, or statements made by witnesses other than the defendant.

Only after the prosecutor provides the defense with discovery may the prosecutor ask the defense for their response.  If a defendant does not file for discovery – the prosecutor cannot ask them for it.

Next post I’ll discuss what happens if the prosecutor does not reply or refuses to reply to a DUI discovery request.