If the police stop you for a DUI in Kentucky, it is important to take certain actions — and avoid others — to give you the best chance at avoiding arrest, or to at least help your lawyer later win your case if you face charges.
Kentucky DUI criminal defense lawyer Steven R. Adams handles these cases on a regular basis, and he recommends following these best practices:
Be Polite, But Protect Your Rights
Always be respectful when interacting with a cop, but doubly so when stopped for suspicion of drunk driving in Kentucky. Being nice doesn’t mean letting the officer do whatever they like. Do not make it easier for the police to gather evidence against you. You have the right to remain silent, and we recommend you exercise it. You do not have to answer questions about where you have been, where you are going, or if you have been drinking.
Ask for an Attorney
Tell the police officer that you want to talk to your attorney before you give a statement, undergo any blood alcohol concentration testing, or consent to a search of your vehicle. They cannot force you to talk without an attorney present and must give you a chance to contact one before taking blood or conducting breath or urine testing. Save our number in your cell phone so you have access to it when you need it. You can call the Law Offices of Steven R. Adams if they allow you, or you can have a loved one contact us on your behalf. We can:
- Advise you about taking a breath test
- Represent you during questioning
- Offer advice about your case
- Protect your rights.
If you face charges, we will walk beside you through the process. We will represent you in court, present a strong case in your defense, and argue for the best possible outcome in your case.
Do Not Consent to Testing or Searches
We recommend all drivers avoid participating in any roadside sobriety tests. This includes agility tests and eye movement tests. These tests will never work in your favor.
In addition, Kentucky law allows police to arrest you on drunk driving charges even if you never fail a breath or blood test simply because you failed this type of highly subjective, voluntary roadside test. You can simply decline the test or tell the officer you would rather discuss it with your attorney first.
We also encourage you not to participate in any breath, blood, or urine testing until you discuss it with an attorney. Do not let the police scare you into this type of chemical testing. The results are often unreliable, and if they find you are above the legal limit, it is just another piece of evidence we will have to argue against in court.
We also recommend not consenting to a search of your vehicle, even if you do not believe there is anything incriminating inside. It is your right to decline this type of search. It cannot help your case — it can only hurt you if they do find something.
Write Down the Details of the DUI Stop ASAP
When you get a spare moment, write down everything you remember. Begin just before the stop and continue through until your release. You never know which small detail may prove critical in your defense.
- What caused the police officer to notice you in the first place?
- What did they say to you?
- What did they ask you to do?
- Did they search your vehicle without your permission?
- Did they read you your rights?
- Did they allow you to contact an attorney or family member?
Make as many notes as possible. We will go over the circumstances of your arrest with you, and this will help you remember all the details. If we identify a mistake made by police, we may be able to argue the entire stop was illegal or that they violated your civil rights by illegally searching your car.
Are you or someone you know facing DUI / OVI charges?
If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.