DUI

A DUI arrest can turn an ordinary drive into a criminal case with consequences for your license, your record, and your ability to get where you need to go. What happened before, during, and after the traffic stop can matter to your defense. If you have been charged with DUI in Owensboro, we can examine those details and help you respond to the case against you. 

At Evan Taylor Law Offices, we defend people accused of DUI and give them a clear picture of what they are facing. We look beyond the charge itself to the evidence behind it and the circumstances of the arrest. Contact us to discuss what happened and how we can defend you.  

Examining the DUI Charge Against You

We start by determining what the Commonwealth alleges and which parts of Kentucky's DUI law apply to your case. Kentucky DUI charges can involve alcohol, drugs, or other substances that allegedly impair your ability to drive. 

For most drivers 21 and older, an alcohol concentration of 0.08 or higher can support a DUI charge. Drivers under 21 are subject to a lower 0.02 threshold. You can also face a DUI charge based on alleged impairment even without an alcohol concentration of 0.08 or higher. 

The basis for the charge matters because it determines what the prosecution must prove—and what we need to examine in your defense. We identify the theory behind your charge so that the defense addresses the case actually being brought against you rather than treating every DUI arrest the same way. 

Taking a Closer Look at the Traffic Stop and Arrest

We examine how the DUI investigation began and what occurred before your arrest. A police report records the officer's account, but it does not necessarily answer every question about the encounter. 

Depending on the facts, we may look at why you were stopped, what the officer observed, what you said, and how the investigation developed. Video or other available evidence may provide additional context for events described in a written report. 

That review gives us a factual foundation for the defense. If an important part of the government's account is disputed or the circumstances raise a legal issue, we can determine whether and how it should be challenged. 

Reviewing Breath, Blood, and Other DUI Evidence

We scrutinize the evidence the prosecution may use to establish alcohol concentration or impairment. We look beyond the test result itself. How and when testing occurred can also matter under Kentucky law. 

A number on a test result does not eliminate the need to examine how that evidence fits the case. We can consider the type and timing of the test, the requirements that apply to it, and other evidence surrounding the alleged offense. 

If you refused a breath or blood test, we can also determine what that refusal means under current Kentucky law and how it may affect your case. 

When testing or other evidence raises a supportable issue, we can determine how it affects your criminal defense representation and the arguments available in your case. 

Protecting Your Driving Privileges

We help you understand how a DUI case may affect your ability to drive and what steps may be available to address a license suspension. The criminal charge and its effect on your license can create different concerns, particularly when you depend on driving for work or family responsibilities. 

Kentucky's Transportation Cabinet administers DUI license suspensions following conviction. For a first offense within the applicable period, the Cabinet currently identifies a six-month suspension along with a required alcohol or substance abuse program. Kentucky's Ignition Interlock Program may allow eligible drivers to reduce their suspension period by using an approved ignition interlock device and meeting the program's requirements. 

Eligibility and requirements depend on the circumstances. We can explain how the licensing issues relate to your case so that you understand both the criminal charge and the potential effect on your ability to drive. 

Building a Defense Around the Facts

Our strategic attorney develops the defense from the evidence and legal issues that actually exist in your DUI case. That may mean focusing on the circumstances of the stop, the officer's observations, testing evidence, or another issue supported by the facts. 

A prior DUI can significantly change what is at stake. Kentucky generally looks back 10 years when determining whether the current charge is a repeat offense. A fourth or subsequent qualifying offense within that period is a Class D felony. Certain aggravating circumstances can also affect the minimum penalties that apply. 

We consider those factors when advising you about the case. Our goal is not to raise every argument that could theoretically apply to a DUI charge. It is to identify the issues that matter to your defense and address them effectively. 

Advising You Before Important Decisions

We give you straightforward advice before you make decisions that can affect how your DUI case is resolved. As the evidence becomes clearer, we discuss what it means for your position and the choices available to you. 

If the prosecution proposes a resolution, we can explain what is being offered and the consequences of accepting it. If there are issues worth contesting, we can discuss how those issues affect the decision to continue defending the charge. 

You remain in control of the decisions that belong to you. We make sure you have an informed assessment of the case before you make them, and we continue representing you in court when the matter requires it.