Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

View More Answers

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Can a 2nd DUI be reduced to reckless driving. Gave blood had prescribed suboxone and delta 9 in test.

I'm a on parole if convicted my parole gets revoked. Can this get reduced down

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Apr 8, 2023

In KY any DUI can be reduced or dismissed if the circumstances and facts warrant it. If you have a strong defense and or the prosecutor's case is weak then yes it is possible. Can your specific case be amended? That is not possible to determine without looking at the case and knowing all of... View More

View More Answers

2 Answers | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: How can I get my license back after 5,yrs ? Paid fines.

My license was suspended and I have never gotten them back. Can you advise?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 28, 2022

I would start by going to the Dept Of Transportation website and getting a driver record. If it looks clean and you should be able to go to the drivers license branch to get a new license. If it’s not clean you can call them and they should be able to tell you what is wrong.

View More Answers

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Kentucky on
Q: I seen my kids mother in traffic I went the opposite way she did , but her friend told me she filed a complaint on me.

There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: statue of limitations on a OWI

arrested in 2005 for OWI in Indiana, moved never went back to court. moved back to area recently was arrested on a bench warrant. should this be dissmissed?? statue of limitations?? ridiculousness its been almost 20 years advice please

Timothy Denison
Timothy Denison
answered on Oct 8, 2024

There is no statute of limitations on an open case. You’ll need to go back and resolve it or it will follow you forever.Hire a lawyer to go back and look at it and examine the evidence if there is any after all this time.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Kentucky on
Q: Can a lawyer remove a bench warrant without me having to show up in court?

When I moved out of my old house after divorcing from my husband, he held a lot of my mail from me just out of spite and I genuinely knew nothing about having a court appearance until a few days ago. Can a lawyer show up for me to lift a bench warrant or will I have to go to court myself?

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

The lawyer can have it recalled and you don’t have to appear if it is a misdemeanor. If it is a felony, you too will have to appear.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Juvenile Law for Kentucky on
Q: My son is charged with wanton murder from a car wreck where 2 people was killed . They both was in his car.

Him and another car hit head on. There was no reconstruction done . And the state police was called off by the local sheriff . My son did test positive for 2 nano grams of thc. The active ingredient for thc wasn't in his blood. He was 16 at the time and had since been charged as an adult .... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It sounds like you and your son are in an incredibly challenging and painful situation. You have raised several serious concerns about how the investigation and legal proceedings have been handled. If evidence shows that the police and prosecutor acted unethically or illegally, especially with... View More

1 Answer | Asked in DUI / DWI and Probate for Kentucky on
Q: I was taken to jail in Ky. For driving on dui suspended 2nd license, however I wasn’t pulled over and I wasn’t caught

In the Act of actually driving, I was out of the car while it was parked and in the process of walking away from the car, and I’m fairly certain that my rights weren’t read to me… the judge offered to amend the charge to 1st offense with credit for time served. I turned it down and bonded... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2024

If no one saw you driving, you may be able to challenge it on not being committed I. The presence of the officer, ehich is required by most misdemeanors.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Is there any type of legal aid that can be provided on a DUI case in Jackson, KY?

I am a Career Coach at the Goodwill Opportunity Center in Somerset, KY. I received a call from a gentleman needing help with a DUI case, where he paid his reinstatement fees as well as completed his jail time, and upon release learned of his license being suspended. He draws disability and is... View More

Timothy Denison
Timothy Denison
answered on May 29, 2024

The gentleman should be eligible for a public defender to represent him. He can ask the court to appoint one.

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Can you get charged with open container if it was a jim beam bottle full of sand from a beach? No alcohol in container.

Sand came from Myrtle Beach, SC as we just got back from vacation. We live in KY. Husband never consented for a search and seizure, was ignored when asked to speak to a main officer, and was also charged with criminal littering for throwing out his cigarette as he was getting pulled over. They did... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2024

No. You cannot!

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: How can I find out if the grand jury met and didn't indict me and past it to the next grand jury meeting

I am trying to find out if they didn't indict me and past all the evidence to the next grand jury

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

You will need to call the office of the grand jury to find out the s hedule g.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I have a DUI question in kentucky

I got 2 duis in 60 days and my 2nd hasnt been finished in the courts yet. I blew over the limit for both. What should i expect.

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

You may be able to resolve them for two dui first offenses rather than a first and second. You also may be able to get minimums on each. Check with your lawyer and see if that’s possible in light of the facts of each of your dui cases.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: If my brother is released on the sixty day rule what happens next

He has a 100,000 dollar bond and has not been indited yet it has been 62 days since his last court date

Timothy Denison
Timothy Denison
answered on Dec 6, 2023

He will have to appear if they ever get around to charging him.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: My brother has a public defender he is currently in jail been 67 days under a 100,000 dollar cash bond

has not been to grand jury yet what should I do to get him released he has never been in trouble before this situation

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 6, 2023

Being in jail 67 days does not trigger any automatic release. He has to have been in jail more than 60 days from the day his Case left district court and went to the Commonwealth attorneys office for review. If you believe that is happened, I would hire a private attorney to follow motion... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My boyfriend is in custody today makes 67 days not yet indited 100000 dollar bond what should I do
Timothy Denison
Timothy Denison
answered on Dec 6, 2023

Have his lawyer make a motion for release from custody under the 60 day rule.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Will a dui stick if the cops came and got me out of bed 30 minutes after I got home, with no keys on the vehicle?

My wife went to town and someone called my truck in for swerving, this was 30 minutes after she got home, we were in bed, there were no keys in anything. The police said they had a report of that truck swerving 30 minutes before. My wife said she went to town, but we were already laying down in the... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2023

You may possibly have a winning case on your hands.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: husband arrested for a DUI, is diabetic and was not intoxicated. based on field test. What should we do.

he was not read his rights, but because his pupil were dilated and he has a lazy eye, his balance was off because he has a bad hip from childbirth, and get confused when nervous they charged him with a dui and arrested him. He does not drink, smoke or do any kind of recreational drugs.

Timothy Denison
Timothy Denison
answered on Sep 20, 2023

Hire a criminal defense lawyer immediately. If he was not intoxicated, you may have a winning case.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: In ky is there a 5 year wait out period instead of taking dui classes?

Two family members told me that instead of taking dui4 classes. They waited out 5 years and got their license back without any issues or classes. I live in ky

Timothy Denison
Timothy Denison
answered on Sep 9, 2023

No. There is no wait out period. You must take the classes before you get your license back.

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.