Can You Refuse a Breathalyzer Test in Northern Kentucky?

When Will You Need a DUI Defense Lawyer?

In Northern Kentucky, if you face a criminal charge related to driving under the influence (DUI), you must have the advice and defense representation that a Covington DUI lawyer offers and contact that attorney as quickly as possible.

If a police officer in Kentucky asks you to take a breathalyzer test, does the law require you to comply with that request? What if you refuse? If the authorities charge you with DUI, what are your rights, and what is your recourse? How will a Covington DUI attorney help you?

Under Kentucky’s implied consent law, simply by carrying a driver’s license and driving a vehicle in this state, you are implying your consent to a breathalyzer exam if a law enforcement officer reasonably believes you are under the influence and asks you to take the test.

Can Breathalyzer Test Results Be Used Against You in Court?

A law enforcement officer in Kentucky may conduct a “preliminary” roadside breathalyzer test to determine if a motorist should be arrested for DUI. A preliminary breathalyzer test may give an officer probable cause for an arrest, but the results cannot be used as evidence in a DUI case.

A preliminary roadside test is less reliable than the “evidentiary” breathalyzer test a driver may take at a police station. If your refusal to test leads to your arrest for DUI, you may be asked to take an evidentiary breathalyzer test at a police station with an Intoxilyzer device.

At a DUI trial, a prosecutor may use evidentiary test results to obtain a conviction. The test must be conducted by a police officer certified to operate the Intoxilyzer device. Without that certification, a Covington DUI lawyer may challenge the test results in court.

What Happens When You Refuse to Test?

The Constitution protects you from “unreasonable” searches, so the Supreme Court has determined that you have the legal right to refuse both preliminary and evidentiary breathalyzer tests. However, in Kentucky, your refusal to submit to a breathalyzer exam may prompt:

1. an on-the-spot arrest for suspicion of driving under the influence if you refuse a preliminary roadside breathalyzer test
2. an automatic driver’s license suspension (entirely separate from any DUI prosecution) if you refuse an evidentiary breathalyzer test
3. harsher penalties if you receive subsequent convictions for driving under the influence

In Kentucky, a driver’s license suspension from 30 to 120 days is the usual penalty for your first refusal to test. A lengthier suspension is the penalty if you have previously refused to test or if you have a previous driving under the influence conviction.

When you refuse a breathalyzer test, you keep the police from gathering evidence. You may still receive a DUI conviction – with no breathalyzer test – if there is other evidence of guilt. The arresting officer may testify about observing erratic driving, bloodshot eyes, and slurred speech.

What Are the Penalties for DUI Convictions in Kentucky?

In Kentucky driving under the influence cases, the penalties increase with each subsequent conviction:

1. A first DUI misdemeanor conviction may be penalized with a fine of $200 to $500; a mandatory 48 hours and up to 30 days in jail; a license suspension lasting from 30 to 120 days; court-ordered alcohol or substance abuse treatment; and community service.
2. A second driving under the influence misdemeanor conviction may be penalized with a fine of $350 to $500; a mandatory 7 days and up to 6 months in jail; a license suspension lasting from 12 to 18 months; court-ordered treatment; and community service.
3. A third DUI misdemeanor conviction may be penalized with a fine of $500 to $1000; a mandatory 30 days and up to 12 months in jail; a driver’s license suspension lasting from 24 to 36 months; court-ordered treatment; and community service.

A fourth conviction for DUI within 10 years is a felony conviction. Convicted offenders may be penalized with a fine of up to $10,000; 1 to 5 years (and a mandatory minimum of 120 days) in jail or prison; a 5-year license suspension; court-ordered treatment; and community service.

If you refuse a breathalyzer test in any of these situations, the mandatory jail time for a DUI conviction is twice as long. For a first conviction, for example, the mandatory 2 days in jail becomes 4 days. For a second conviction, the mandatory 7 days becomes 14 days.

How Will a DUI Defense Attorney Help You?

Under Kentucky law, you have the right to call an attorney after your arrest and before an evidentiary breathalyzer test, but that right is limited to only 10 or 15 minutes. The police must give you access to your cell phone and a reasonable opportunity to contact your DUI attorney.

If you face a DUI charge, how will your lawyer defend you? It depends on the circumstances of the arrest and the details of the DUI charge. After speaking with you, an attorney at the Law Offices of Shannon C. Smith will prepare a practical, effective defense strategy.

In most driving under the influence cases, your lawyer will offer one of these common DUI defenses:

1. The breathalyzer test results are unreliable.
2. Police officers did not have sufficient probable cause or reasonable suspicion to stop you.
3. Police officers violated your rights.
4. You were not the driver of the vehicle.

Let Our DUI Team Fight on Your Behalf

Now or in the future, if you are charged with DUI in Northern Kentucky or Ohio, you can schedule a free case consultation with a Covington DUI attorney at the Law Offices of Shannon C. Smith by calling 859-414-0543. Make that call promptly.

If you are innocent, your DUI attorney will work aggressively for your acquittal. However, whether you are innocent or guilty, an attorney with the Law Offices of Shannon C. Smith will work to bring your case to its best possible resolution.

If you need help with a driving under the influence case in Northern Kentucky or Ohio, promptly call the Law Offices of Shannon C. Smith at 859-414-0543.