Kentucky DUI Process

The following is a general overview of the stages that typically occur following an arrest for a DUI in Kentucky. Consult with an experienced Kentucky DUI defense attorney in your area for more information.

The Arrest and Booking Process in Kentucky DUI Cases

Persons arrested for a Kentucky DUI will be handcuffed and taken into custody. Miranda and Implied Consent rights will be read. Chemical tests of the person's breath, blood, and/or urine will be requested. Kentucky law permits persons accused of KY DUI the right to contact an attorney prior to submitting to a chemical test. As part of the booking process, the person will be searched, photographed, and fingerprinted. If bail/bond is required in your case, it must be paid before you will be released. Once you are released from custody, you will be given a notice stating when and where your first court appearance will take place.

**NOTE - Pursuant to KY DUI Stat. 189A.110, a person with a blood alcohol level (BAC) that exceeds .15 percent must be detained in custody at least four (4) hours following his/her arrest.

Criminal procedure in Kentucky DUI Cases

ARRAIGNMENT

The first court appearance following an arrest for DUI in Kentucky is called the arraignment. At this hearing, the judge will formally read the charges that have been filed and ask the defendant to enter a plea. If the person is still in custody, the conditions of the bail will be set. The judge will order the defendant to surrender his/her driver's license to the Circuit Court Clerk. If a chemical test was refused, the defendant may file a motion to contest the suspension. If a plea of guilty is entered, the judge will likely impose a sentence at this time. If the defendant pleads not guilty or no contest, the case will be set for trial. 

NOTE: It is highly encouraged to at least consult with, if not retain, an experienced Kentucky DUI attorney in your area prior to your arraignment. Representation at all stages of the criminal court process is necessary to ensure the best defense.

PRELIMINARY/MOTION HEARINGS

Court appearances prior to trial are called preliminary hearings. These hearings are an opportunity for both the defense and the prosecutor to go before the judge to update him/her on the status of the case. Preliminary hearings also resolve issues such as scheduling and discovery.

Motion hearings are hearings requested by the defense concerning issues that must be resolved prior to trial. The most common motion hearing involves the suppression of evidence. Once a Kentucky DUI defense attorney files a motion, a hearing will take place during which testimony by officers or experts may be heard. The defendant's presence at motion hearings is typically mandatory. If a judge grants a motion to suppress, that evidence will not be admissible at trial.

TRIAL

There are two types of trials that may occur in a Kentucky DUI case - a jury trial, and a bench trials.  In a jury trail, a panel of jurors will listen to instructions provided by the judge and determine questions of fact. The judge will determine the issues of law. In a bench trails, the judge plays the role of both judge and jury. Which type of trial you will have depends on the circumstances of your case. DUI cases involving complex issues and evidence may be difficult for a jury to understand, in which case a bench trial may be more desirable.

At every Kentucky DUI trial, the prosecution bears the burden of proving all elements of your DUI charge beyond a reasonable doubt.  Your attorney will have the opportunity to cross examine the police officers that were involved in your case, and will have the option of calling expert witnesses to testify as well. Once the final decision in the trial is reached, a sentence will be imposed (if found guilty) or all charges will be dismissed (if not guilty). DUI defendants who are convicted will have an opportunity to appeal to higher courts for review. Requests for appeals must be made timely, however, or the right to appeal will be considered "waived."

If you have been charged with DUI in Kentucky, consult with an experienced Kentucky DUI lawyer for more information on the DUI process and what to expect in your case.