DUI Attorney in Oldham County, Ky. 

DUI Trials are tricky and every DUI Criminal Attorney will be confronted with plead to bad offer or risk criminal defense jury trial. Criminal Attorney Brendan McLeod found hilarity in a trial loss from a DUI 2nd Trial in Oldham County Kentucky. Our DUI Lawyer representing defendants in Oldham County . The client blew .18 and I could not get past such a high reading. We argued residual mouth alcohol which would cause the breathalyzer to read high. This was based upon the fact my client had full upper and lower dentures. When asked on the stand if residual liquid stayed in his mouth he answered, "most certainly." He took a drink of his Mountain Dew in front of the jury and then looked around a bit smacking his mouth. He then retorted while smacking his lips together, "yep, I still have that Mountain Dew in my mouth."  

Judge Kevin Delahanty was acting as Oldham County DUI Judge said, "Brendan, why don't you have your client sit under the clock. I have a feeling they are going to ring the bell here." He is a very funny judge, really. However, the jury cam back during penalty phase and gave my client 10 days, the minimum on a DUI 2nd with aggravator. He already had 6 days in and the judge placed the 4 remaining days to serve on Home Incarceration.   

((As a side, DUI 2nd and all multiple offenses have separate penalty phase. The jury when listening to the evidence is judging the case is to assume it is a DUI, and that is it. They are not entitled to know whether it is the person's 1st DUI, or the 100th DUI. If they convict and it is a DUI 2nd or subsequent, then you tell them at that point. They then go back and argue the sentence for the Driving Under the Influence 2nd / 3rd.../ Offense.))

Standing accused of DUI, let alone, Murder because of driving under the influence is a shock to people. No matter the ramification of their driving most people do not like the punishment that they are ultimately facing.  

The DUI First Offender arrested while driving under the influence in Oldham County often point out problems with their loss of license. Defendant's often state they cannot lose their license because they are married, or they have a job that requires a license or they have a child that needs to get to school. I understand and others do, too. However, the prosecutors are not looking at the accused with the view that, "you have done really well since the incident and so we don't really need to go forward." The exact opposite is true. Instead, they are looking stoically at you as someone arrested in Oldham County and charged with DUI/DWI. You will want our Oldham County DUI Attorney to speak for you Here are a few question/answer sessions of things heard in DUI Conference. 

1. They are doing really well and only have 2 of the DUI classes left to complete the requirement and they go to AA meeting 5 times a week. Prosecutor replies, "that is great. She/he needed to go to AA and I am glad they are doing the classes, as required by statute. I am not giving out smiley faces for someone who is simply doing now what should have been done before getting behind the wheel. I am scared they are going to kill someone."  

2. DUI 2nd carries 12 month loss of license and I cannot have a car in my name? I have to surrender my vehicle's plates? How can I surrender the plates when I bought it 6 months ago and I owe $18,000 on it? Tell the prosecutor that I have 2 children and one on the way. I mean this DUI Crime thing is crazy. My income is the only one that provides for my family because my wife doesn't work. Also, I am taking care of my mother and she is living with my family and I. Please explain this to the prosecutor because I am going to lose everything. I am not a criminal!  

The DUI 2nd often carries a Criminal Mischief Crime, Assault Crime, Wanton Endangerment Charge, Drug Charge, or it could even be a Drug DUI. If you the breathalyzer does not pick up alcohol, but you seem intoxicated then they often ask about drug ingestion. Often they call a police officer to the scene that is a drug recognition expert, or DRE. These are normally traffic officers, like Beauford, Kissling, or others who are federally certified. Note: Up and beyond drug recognition they are trained to look and observe over the road truckers. Federal logs kept by truck drivers and payloads that are hazardous or over the road driver logs. The big trucks you see on the road are regulated by federal government, state of Kentucky and local municipalities. They patrol truckers log files to make sure that they are not driving too hard for their money when they need to have slept. You understand when you are next to one driving in your vehicle. Just the wheels of these trucks are usually up to the top of the door of a little sedan. Once one of these truck drivers lose control people often die.  

If a DRE, or Drug Recognition Expert, is not able to make it to the stop, then they usually are called to the book. The book, slang for processing portion of the jail, is where they would meet you. You, the defendant, would then be brought into the breathalyzer room where you would be monitored. You are monitored for 20 minutes during which the DRE is asking questions and analyzing your behavior. The will try to find something remarkable with your pupils, your gate and your speech. If there is no blood offered or given the DRE can be beaten at trial. This is only if you are not stumbling around and slurring your words. You have to do semi ok when being observed by all the personnel in corrections and LMPD Officers.  

If the crimes above are present then I will presume there was a crash, or accident. Depending on the severity of the accident then accident reconstructionist will be called to the scene. The scene would immediately be taped off and preserved for the Evidence Technician Units. If this is the case, often, a search warrant will be sought for you, or the defendant. They will seek a search warrant to insure they preserve the state of your blood as close in time to the accident as possible. They often take blood one hour after the first draw of blood so that they can extrapolate the content of the blood more closely to the time of the accident.  

Driving Under the Influence, 1st thru 3rd offense in Kentucky is a misdemeanor. Search warrants are hard to explain in regards to resources when there isn't a major crime. Our DUI Lawyer knows that the assault crime, wanton endangerment crime, murder charge or others will dictate that obtaining a search warrant and getting a defendant's blood involuntarily. Our Oldham County Criminal Defense Attorney has tried over 30 DUI's and more than 60 percent resulted in acquittals. It is always best to refuse blood and the breathalyzer, unless you are sure it will be clean.  

Driving under the Influence has about the same shock value as the DUI 2nd, except it has an added negative circumstance. On a DUI 3rd Offense, if operating with a license suspended because of DUI Crime, it is a felony crime. The felony carrying between 1 to 5 years. The felony DUI crime also carries a mandatory 120 days to serve. Most people opt to go to prison for a 1 year term than to languish in the Oldham County Metropolitan Jail.