DUI Defense · Paintsville, Kentucky
DUI defense, where the Constitution matters.
We take a limited number of criminal cases, and DUI is where we focus. The cases we want are the ones with real questions about the stop, the arrest, or the testing.
The Questions
What we look at in a DUI case.
Kentucky's DUI statute covers driving with an alcohol concentration of 0.08 or more, or while under the influence of alcohol or another substance that impairs driving. But every DUI case starts with what the officer did, and both the Fourth Amendment and Section 10 of Kentucky's Constitution protect against unreasonable searches and seizures.
Source: KRS 189A.010; U.S. Const. amend. IV; Ky. Const. § 10.
The stop
Pulling a car over is a seizure. An officer generally needs at least a reasonable, articulable suspicion of a violation to make one.
Source: Delaware v. Prouse (1979)
The arrest
An arrest takes probable cause. We look at what the officer actually saw and heard, and at the video. Kentucky law lets officers record the stop and field sobriety tests, and the defense gets to see the entire recording before trial.
Source: KRS 189A.100
Field sobriety tests
Roadside tests depend on how they were explained, given, and recorded, and on the ground, the weather, and the person taking them. A roadside preliminary breath test is different: refusing it can't be used against you in court.
Source: KRS 189A.100(1)
Breath, blood, and implied consent
Under Kentucky's implied consent law, drivers consent to breath, blood, or urine testing when an officer has reasonable grounds to suspect DUI. Refusing has consequences, including license suspension. A breath test counts only after at least 20 minutes of observation, and before testing you get 10 to 15 minutes to try to reach a lawyer. In Birchfield v. North Dakota (2016), the U.S. Supreme Court held that the Fourth Amendment allows a warrantless breath test after a lawful DUI arrest, but not a warrantless blood test.
Source: KRS 189A.103; KRS 189A.105; Birchfield v. North Dakota
Suppression motions
When a stop, an arrest, or a test wasn't lawful, a suppression motion asks the judge to keep that evidence out. Timing matters too: a test taken more than two hours after driving can't be used to prove a 0.08 charge, though it may still come in on other DUI charges.
Source: Mapp v. Ohio (1961); KRS 189A.010(2)
General information about Kentucky law, not legal advice about your situation. Every case is different, and past results do not guarantee or predict a similar outcome.
How We Work
How we work.
Brandon May handles our DUI cases, with paralegals Heather Ray and Sandy Blair. We'll go through the citation, the paperwork, and the video, and tell you plainly what we see. Fees are explained up front, in a written agreement.
We also handle some other criminal matters. If you've been charged with something else, call and we'll talk about it.
Contact
Call us, or stop by the office.
We don't take case details through the website. The best way to reach us is by phone during office hours, or in person on College Street. Consultations on personal injury cases are free.
You don't have to live close by. We can handle most of a case by phone, video, and electronic signing. If a court date requires you to be there in person, we'll tell you ahead of time.
(606) 264-5955Office
Teeters & May, PLLC228 College Street
Paintsville, KY 41240
Hours
- Monday–Friday
- 8:00 AM–4:00 PM
- Saturday–Sunday
- Closed
Please don't send confidential details about your case through Facebook or any other website. Contacting the firm does not by itself create an attorney-client relationship.