Do Not Let Driving Under The Influence Have Sobering Consequences
Last updated on February 21, 2025
Drunk driving, sometimes referred to as driving under the influence (DUI) or driving while intoxicated (DWI), is a common but serious crime across the U.S. It goes without saying that driving under the influence of alcohol or drugs endangers the driver and others on the road. Penalties are generally harsh and can include license suspension, fines and jail time. Our DUI attorney at Shumate, Flaherty & Eubanks, PSC, will candidly and aggressively represent you if you’re facing a first or subsequent DUI offense.
Many think that a DUI arrest will automatically lead to penalties, but there are ways to challenge your charges. Police procedures can be scrutinized by an attorney to determine whether there was any inappropriate conduct during the stop. An officer needs probable cause, both to stop the vehicle and to request that the driver perform a field sobriety test or breath test. This means that there must be observable evidence supporting the fact that a driver was intoxicated while driving. Observable signs can include:
- Glassy or bloodshot eyes
- The smell of alcohol on a driver’s breath
- Empty alcohol containers or drug paraphernalia in plain view
- Erratic driving patterns
This means that arbitrary stops and arrests are illegal. Our observant, knowledgeable lawyer will carefully analyze police reports and significant details from your case to determine whether police lacked probable cause or otherwise violated your rights in the process of a search or arrest.
Probable Cause And The Legality Of Checkpoints
This also applies to police checkpoints, often referred to as roadblocks, a contentious method of DUI enforcement. Some civil liberties proponents contend that arbitrary police checkpoints violate the Fourth Amendment, which prohibits authorities from conducting searches without probable cause. Twelve states have decided to outlaw police checkpoints; however, Kentucky is one of 38 states, plus the District of Columbia, that currently allows police to stop drivers at checkpoints. Although checkpoints remain a controversial issue, there are clear procedures stipulating how and when a checkpoint can be conducted.
How A DUI Will Affect You
Penalties for DUI convictions include fines and fees, license suspensions and jail sentences. Penalties increase in cases where drivers have a blood alcohol content (BAC) that is far beyond the legal limit, typically known as an aggravated DUI. Knowing that a driver’s license is extremely important for most people, the commonwealth of Kentucky allows DUI offenders to apply for an ignition interlock devise, which allows you to drive as long as you remain alcohol free If this device detects alcohol on your breath it will not allow you to start your vehicle.
Our Richmond criminal defense lawyer can properly complete the paperwork necessary when helping you apply for an ignition interlock license in Richmond, Madison County or one of the neighboring areas.
Is DUI Expungement Right For You?
Do you have a past DUI on your record? You can ask our lawyer whether expungement is right for you. Through the expungement process, you can seal past offenses from public view. This gives you a fresh start with employers, colleges, landlords and more.
Get Help: Call Our Richmond DUI Defense Attorney
If you have been arrested for a DUI, contact the law office of Shumate, Flaherty & Eubanks, PSC, at 859-353-0878 to schedule a free consultation. You can also fill out our online contact form.