In the state of Kentucky, the law states that if an individual who is behind the wheel and driving a motor vehicle is pulled over by a police officer due to their belief that there is probable cause the individual is driving under the influence; that individual has given his “implied consent” to be tested for blood alcohol content.
There are several factors that affect the blood alcohol concentration, and they include:
- A person’s weight
- A person’s health
- The amount of food eaten when consuming alcohol
- The time span in which the alcohol was consumed
While you have the right to refuse to take a DWI breath test, the court can legally suspend your license up to 30 days for exercising this right. If you are subsequently pulled over due to probable cause of a second DUI, and you refuse to take a second alcohol breath test, the court can suspend your license for up to one and one-half years if the second DUI arrest occurs within five years of the first. A third refusal to take a breath test, if the third arrest is within five years of the first two, can result in a suspended license between three to five years.
Before a police officer can perform a DWI breath test, they must observe you for a minimum of 20 minutes, and then perform the test. In addition, you have the right to request that your attorney is present during the test, but the timeframe for doing so is very short.
Representation for a DUI in Covington, KY
If you are arrested and charged with a DWI in Kentucky, it is considered a serious offense, and having the legal counsel of a Covington, KY DUI lawyer can possibly save you from losing your license, and serving jail time.
Contact Dickman Law Office today for an appointment to discuss your DWI in Covington, KY.
Posted in: Criminal Defense, Drunk Driving