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Victims and families impacted by drunken drivers are calling for the Kentucky Senate to take up DUI legislation.

“I know, however, that you are not gone from us forever, just for a little while,” said Ann Lucas.

Last week, the House unanimously passed a bill, which would create a mandatory law requiring first-time and repeat offenders to install an ignition interlock device on their car.

William and Ann Lucas’s son, Michael, was killed by a drunken driver three days after Christmas in 2008.

“We’ve gone to different classes and tried to emphasize the importance of decisions that they make that are life-changing and life-ending,” said William Lucas. “We’re praying that if we can get in touch, we get through to one child and to keep this type of tragedy from happening to another family it will be worth it.”

Thirteen states currently require ignition interlocks for all convicted drunken drivers.

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Kentuckians convicted of drunk driving may face a stiff new penalty.

There is proposed legislation that would put breathalyzers in the cars of anyone convicted of a DUI. The bill passed unanimously in the house Tuesday, but as it heads to the Senate, some say this is the wrong way to discourage drunk driving.

The idea behind ignition interlock devices is pretty simple. You blow into a breathalyzer, and if you are over the legal limit, your car doesn’t start. The debate over how they should be used is more complicated. Groups like Mothers Against Drunk Driving say interlock devices keep drivers who shouldn’t be on the road off of it.

“We know from research that between 50 and 75 percent of individuals who have a suspended drivers license continue to drive anyway illegally, and this allows them to drive legally and also keep the public safe,” said Angela Criswell in 2009.

If the current bill passes, anyone found guilty of drunk driving would have to install one in their car; even first-time offenders barely over the legal limit of .08.

The American Beverage Institute is speaking out against Kentucky’s bill, and similar legislation in other states.

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Attorneys want evidence suppressed against the woman accused of driving drunk when she hit and killed an 11-year-old boy last summer. They are going after both statements and blood tests. Suppressing the evidence could mean big problems for the prosecution.

The suspect is now charged with his murder, drinking and driving, and disregarding a stop sign among other things. The suspect was leaving her father’s house in Fincastle on June 26th when she hit and killed 11-Year-Old Dylan Geitgey.

In court her attorneys argued that some of her statements to police shouldn’t be used.

“When I had smelled something on her breath, which smelled like alcohol, I asked her if she had been drinking,” said LMPD Traffic Officer Buddy Van Cleave. “She said she had had a couple of drinks before she had started the operation of her vehicle.”

Their conversation was cut short when she found out he was a police officer.

“She told me her dad told her to never f***ing talk to the police and to go “F” myself and I said OK, and that was the end of the conversation between any of us,” said Van Cleave.

The defense asked and several times if Van Cleave had identified himself as a police officer.

“At that time, no,” said Van Cleave. “I wasn’t even in uniform.”

The prosecution argued that the suspect wasn’t being arrested and was able to go home from the hospital.

“Obviously there needs to be Miranda warnings if there’s custody and interrogation,” said prosecutor Leland Hulbert. “There was neither in this case.”

As for the blood tests, Van Cleave said he gave her the consent form, but did not read it to her or tell her she had the right to an attorney. The defense questioned if the hospital and doctor were working together to get the blood tests done earlier than was legal.

“I think it’s clear that the doctor and the nurse knew that what they were doing was assisting the police in giving a blood draw before he had to go get the warrant and then come back an hour or so later,” said defense attorney Elgin Crull.

The prosecution disagreed.

“To state that the doctor was trying to help the police when in fact he was doing it for medical purposes – if they want to say that the doctor was lying on the stand I completely disagree,” said Hulbert. “They have to decide what kind of medications to give her.”

Judge Brian Edwards will rule on those motions next week.

Edwards is also considering the prosecution’s motion to delay the trial for a month or two because of the numerous charges, but more importantly because they are waiting on lab results and an expert to analyze them.

Updates as they are available.

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KY DUI laws could be getting even tougher in the Commonwealth if one legislator has his way.

Senate Bill 144 passed out of the judiciary committee Feb. 12. Currently, those who have a .18 alcohol level or higher face the toughest set of penalties and fines, but SB144 would lower that to .15.

Senator Ray S. Jones (D-Pikeville) says that alone would make Kentucky eligible for $1 million in federal money.

“The Federal Highway Safety money that we’re losing translates into lives that I believe we could be saving,” Jones said.

The bill has passed the Senate floor several times before, but has stalled in committee in the House. The bill would also close loophole that has allowed some driving under the influence of a controlled substance to be prosecuted.

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FRANKFORT, Ky. — A bill aimed at getting tough on drunken drivers passed a House committee Tuesday and heads to the full House for consideration.

House Bill 58, sponsored by Rep. Dennis Keene, D-Wilder, passed the Appropriations and Revenue Committee 22-0.

The measure would prevent individuals convicted of drunken driving from being able to start their cars if they’ve been drinking through use of an ignition lock.

Current Kentucky law allows judges to order installation of the devices on an individual’s cars if he or she has at least two DUI convictions. But, according to Mothers Against Drunken Driving, that almost never happens.

The measure would require installation of the devices, which test the driver’s breath for blood-alcohol content before unlocking the ignition, for all first-time convicted offenders.

“We know that interlocks stop the offender from driving their vehicle while drunk and prevent future offenses,” said Laura Dean-Mooney, MADD national president, in a statement.

Kentucky would become the 13th state to require the use of the devices, Keene said.

A similar measure passed the House last year but died in the Senate, where some members were concerned the law would create a cottage industry in which only one or two manufacturers would provide the device.

It’s unclear whether the measure has better chances in the Senate this year, but 58 House members have co-sponsored the bill.

Proponents have scheduled a rally in support of the bill for 11:30 a.m. Thursday in the Capitol Rotunda.

If you are in need of a Kentucky DUI Attorney check the Kentucky Lawyer Online Directory.

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Former University of Kentucky men’s basketball coach Billy Gillispie pleaded guilty yesterday in Anderson District Court to driving under the influence.

Gillispie, 49, will have to pay a fine of about $1,000 and complete an alcohol education program before his driver’s license can be renewed in Kentucky.

Gillispie’s license was suspended for 30 days, but he was given credit for the time his license has been suspended.

Gillispie also apologized to the people of Kentucky, his family and friends, and he thanked the people who offered words of encouragement and support over the past several months.

Lawrenceburg police arrested Gillispie shortly before 3 a.m. Aug. 27. Police said he swerved along a road, then fumbled through his car, looking for his insurance. A police report said Gillispie had red, glassy eyes and slow, slurred speech.

Gillispie was fired at Kentucky last spring after a rocky, 2-year tenure, during which the Wildcats went 40-27. He sued the university, contending that he was owed millions of dollars in severance pay. The university and the UK Athletics Association agreed last month to pay Gillispie nearly $3 million plus attorneys’ fees to settle the dispute.

If you have been arrested for Kentucky drunk driving you may be able to beat the charge. This is best done with the help of a Kentucky DUI lawyer.

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The Kentucky Bar Association held its New Lawyer Program on January 15-16, 2009 at the Northern Kentucky Convention Center.

The Kentucky Bar included the topic of Driving Under the Influence in Kentucky.  This author, Stephen Isaacs, was pleased to be the featured lecturer at the DUI seminar for the new lawyers.

This was the second time attorney Stephen Isaacs provided presentations at the request of the Kentucky Bar Association Continuing Legal Education department.

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People caught driving drunk just once could be forced to install breath-alcohol monitoring devices in their cars, as Kentucky lawmakers consider toughening the state’s DUI laws. House lawmakers are considering proposals aimed at increasing the use of ignition locks, which require people to prove they’re not drunk by blowing into a device before starting their vehicles. Another plan would also decrease the current blood-alcohol level that triggers an aggravating factor in DUI sentencing. “The problem is we’ve got people that are driving 100 times before they even get caught drinking and driving,” state Rep. Dennis Keene, a Democrat from Wilder, said. “A lot of these people re-offend and this would curtail them from using their car while they’re out drinking and driving. There’s a tremendous call for this.”

Advocates have been pushing for tougher DUI laws across the country. Recently, that push has included widening the use of ignition locks for people with one conviction for driving drunk. Nationally, states have different levels of use for the breath-monitoring devices. They’re imposed on motorists ranging from people getting driving drunk their first time to hard-core multiple offenders.

This year five states – Alaska, Colorado, Illinois, Nebraska and Washington – began requiring first-time drunken drivers to install the gadgets on their cars. Repeat offenders in South Carolina, meanwhile, were also required to use the devices if they want to keep driving. Arizona, Louisiana and New Mexico have similar laws on the books.

Kentucky is one of 11 states currently considering such legislation, according to the Washington-based American Beverage Institute, which represents restaurants and retailers. Kentucky judges have already had the authority to impose the devices – which also require periodic tests while the vehicle is in use – on people who get caught driving drunk more than once.

Keene’s proposal would require it. And for more people.

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Kentucky State Police say a Princeton man was arrested around 10:50 Thursday night after they received a report of a stolen vehicle in Christian County.

A trooper pulled over 35-year-old Scott W. Watson on State Route 107 and charged him with driving under the influence 1st offense and receiving stolen property over $300. He’s lodged in the Christian County Jail.
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Kentucky DUI cases can be charged in two different ways: either violating the law prohibiting driving under the influence of alcohol (or other drugs), which relates to a loss of one’s physical or mental faculties as the result of drinking; or by violating Kentucky’s per se law, simply by driving with an alcohol level of .08% or more. (For drivers under the age of 21, the limit is .02%.)

Before political groups, such as MADD (http://www.madd.org), took over the legislative process, to get a DUI conviction in Kentucky the government had to prove driver was “under the influence of alcohol.

Now, drunk driving cases can be brought even if there is no impairment to a person’s driving, due to the per se laws. These laws criminalize driving based upon the “science” of blood or breath alcohol testing, and being above a certain level, even if there is nothing whatsoever wrong with the way the person is driving.

Kentucky “repeat offender” status for DUI cases is determined based upon a five-year “lookback” period. This status is used for purposes of increased mandatory minimum punishment. This “lookback” period has nothing to do with how long a DUI remains on your record.

First offense Kentucky DUI Cases are punished as follows:

• Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.)
• Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed.
• Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.
• License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated.
• Alcohol and Drug Assessment and Treatment: Ninety days.

Any non-Kentucky driver’s home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-resident’s license is involved.

In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-resident’s home state. A “not guilty” verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition.

DUI Second Offense

• Fine: $350-$500 (plus statutory service fee of $200.00 and other miscellaneous costs.)
• Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.
• Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.
• Alcohol and Drug Assessment and Treatment: One year.
• License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.

DUI Third Offense

• Fine: $500-$1,000.
• Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.
• Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.
• License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.
• Alcohol and Drug Assessment and Treatment: One year.

DUI Fourth Offense

• Fine: $1,000-$10,000.
• Jail: Class D felony. One to five years. At least 120 days of the sentence must be served.
• License Revocation: 60 months. No hardship license.
• Alcohol and Drug Assessment and Treatment: One year.

Drivers Under 21

• Fine: $100-$500.
• License Revocation: Thirty (30) days to six (6) months.
• Community Service: Up to twenty (20) hours in lieu of a fine.
• Alcohol and Drug Assessment and Treatment: Ninety days.

For a Kentucky DUI Lawyer in your area, be sure to visit the Kentucky DUI Lawyers Directory.
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