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Kentucky DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Kentucky on
Q: Was charged with aggravated dui and evading on July 2. Case still pending so can I get restricted lisence till trial?

Was sitting in parking lot when cop arrived pulled over to him to explain. Gave eye test with me seated in car. Requested breath test but cop said no. Refused to tell me his name and even hid name tag

Timothy Denison
Timothy Denison answered on Oct 9, 2019

You should get your license back on or about November 2, 2019, after the 120 pretrial suspension expires.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I got a ovi in ohio 27yrs ago. Wasnt convicted because I didnt appear in court, I have a Capias out for me. But I paid a

Boat load of money in 98. I have had my ol in ky since. So what will happen to me in Ohio?

Timothy Denison
Timothy Denison answered on Sep 23, 2019

Probably not much. The penalties on DUI 27 years ago were pretty light. You should hire a lawyer to resolve this for you.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: In Kentucky, does a felony dui conviction prevent you from holding an elected union position?
Timothy Denison
Timothy Denison answered on Jul 19, 2019

No. Only public office.

1 Answer | Asked in DUI / DWI and Immigration Law for Kentucky on
Q: I'm looking for an opinion and maybe direction on entering Canada through International Falls for a fishing trip?

To explain, I've learned entering Canada after a DUI is difficult. I had a DUI in Californian in 2007. I completed a 6 month program and applied to have the case expunged. My attorney and I were successful. As of 2012, my case now shows "not guilty", "case dismissed". I have the court document... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2019

If the case was dismissed and shows it was dismissed, you should not have any trouble. If the case was expunged and there is no record of it, you should likewise gave no trouble. It only likely becomes a problem if there was and is a conviction.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: I have been charged with a dui. I need a lawyer to represent me. My income is limited. Do you offer pro Bono service?
Kristin Michelle Russell
Kristin Michelle Russell answered on Mar 4, 2019

You may qualify for a court-appointed public defender. You should fill out an Affidavit of Indigency at the district clerk's office in the county in which you have been charged. The court will determine your eligibility.

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2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

I have narcolepsy and it makes me drowsy when I drive I was having a attack when officer arrested me can I have case reheard?

Timothy Denison
Timothy Denison answered on Dec 15, 2018

You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: What happens when someone under 21 gets caught drunk driving?
Timothy Denison
Timothy Denison answered on Dec 6, 2018

There is an under 21 dui with a .02 threshold and a regular dui (which can apply to under 21) with a .08 threshold. Under 21 has reduced penalties whereas the tegular dui carries the standard first offense penalties.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Last dui was 12 years ago - will the amount time time factor into sentencing for more recent dui?
Timothy Denison
Timothy Denison answered on Nov 23, 2018

No. This is a first offense.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: How should I act if I get pulled over for drunk driving?
Timothy Denison
Timothy Denison answered on Nov 9, 2018

Compliant and cooperative.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Are there higher penalties for drunk driving if you have other passengers in the car?
Timothy Denison
Timothy Denison answered on Oct 25, 2018

Yes. That can be an aggravator to up the penalty or it can result in additional charges.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can police take away my license for a DUI or do they have to get a judge in court to do it?
Timothy Denison
Timothy Denison answered on Oct 13, 2018

You are entitled to keep your license until the judge asks for it in court.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: My friend has been convicted with dui and in jail from Saturday morning 8:30. Will he be out in 8 hours ??

In last call with him told that he will be out in 8 hours but when I talked with officer, they don’t have any anticipated time ? Can I at least meet him on Saturday/Sunday?

Timothy Denison
Timothy Denison answered on Sep 29, 2018

Depends on what his bond is and when it is set.

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3 Answers | Asked in DUI / DWI for Kentucky on
Q: How many times can you get a DUI in Kentucky before you lose your license?
Timothy Denison
Timothy Denison answered on Sep 7, 2018

None. First offense, 30-120 loss. Second offense 1 year to 18 months, Third Offense, 2-3 year loss, Fourth or subsequent, 5 year loss.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Is driving after smoking marijuana considered a DUI in Kentucky?
Timothy Denison
Timothy Denison answered on Aug 22, 2018

Yes.

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1 Answer | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: In a traffic stop what constitutes a "lawful order"?
Timothy Denison
Timothy Denison answered on Aug 9, 2018

Any reasonable request of the police officer to the driver.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Do you get to have a jury trial for a DUI?
Timothy Denison
Timothy Denison answered on Jul 27, 2018

No. Not on a first offense, at lest.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Are there worse DUI penalties in a school zone?
Timothy Denison
Timothy Denison answered on Jul 13, 2018

No

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can you apply to have fines waived after a DUI conviction?
Timothy Denison
Timothy Denison answered on Jul 9, 2018

You can seek waiver of all of the fees except the $375 service fee post conviction.

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