In Kentucky, a first offense DUI conviction can be expunged after 10 years if the following conditions are met: 

• There are no felony or misdemeanor convictions five years prior to filing for expungement
• There is no pending case

Other ways to reduce or get out of a recent DUI charge in Kentucky include: 

• Plea bargaining
• Negotiation with the prosecutor
• Challenging the legality of the DUI checkpoint traffic stop
• Fighting suspicion of an arrest for driving under the influence
• Questioning the reliability of roadside field sobriety tests
• Challenging the breath test readings
• Challenging the accuracy of blood test results
• Getting misleading statements by police officers reversed and removed from the driver’s record

The best-case scenario for a DUI getting dismissed quickly and inexpensively, is when the officer(s) didn’t collect enough evidence against you or made procedural, technological, or legal errors which can be identified during a free DUI arrest review with an experienced local lawyer.

Best Defenses for Fighting a Second DUI Offense Case to Get Charges Dismissed

As top DUI defense attorneys in Kentucky with FightDUICharges and over 26 years experience, we’ve seen our fair share of panicked drivers facing second DUI charges. The fear is understandable: the stakes are high under 2024 state laws, and navigating the local legal system alone can feel overwhelming.

But here’s the good news: you don’t have to go through this alone. There are strong legal strategies to fight back and possibly have your charges dismissed or reduced and avoid a license suspension.

First, understand that a second DUI in Kentucky is a serious offense, but it’s not an automatic conviction. An experienced local DUI lawyer who specializes in fighting 2nd offense charges can analyze your case details for free, identify potential weaknesses in the prosecution’s evidence, and build a strong defense tailored to your specific situation which can lead to a reduced charge or dismissal.

Here are some of the most effective ways to beat a recent second DUI charge in Kentucky:

1. Challenging the Stop: Was the initial stop by the police legal? Did they have probable cause to pull you over? If not, any evidence obtained after the stop, including breathalyzer tests and field sobriety tests, could be thrown out.

2. Questioning the Field Sobriety Tests: These tests are notoriously unreliable and can be influenced by factors like fatigue, medical conditions, and even uneven terrain. A skilled lawyer can highlight inconsistencies or errors in the administration of the tests, casting doubt on their validity.

3. Breathalyzer/Blood Test Errors: Breathalyzer machines can malfunction, and blood tests can be mishandled or misinterpreted. Your lawyer can challenge the accuracy of the testing procedures and results.

4. Procedural Errors: Did the police follow proper protocol during the arrest and investigation? Any procedural mistakes could lead to the suppression of evidence or even dismissal of the charges.

5. Negotiating with the Prosecution: In some cases, it may be possible to negotiate a plea bargain with the prosecutor, potentially reducing the charges or penalties. This depends on the specific circumstances of your case and the willingness of the prosecution to negotiate.

6. Considering Alternative DUI Diversion Programs:

Kentucky offers various local DUI diversion programs that can allow you to avoid a second DUI criminal conviction under certain conditions. These programs often involve alcohol education, counseling, and community service, but can ultimately lead to a dismissal of your charges upon successful completion.

Case Scenario: Breathalyzer Miscalibration Leads to Dismissal

Our attorneys recently represented a client in Lexington who was pulled over for suspicion of DUI. The officer administered a breathalyzer test, but my investigation revealed that the machine had not been properly calibrated in months. This crucial evidence led to the breathalyzer results being excluded, and ultimately, the charges were dismissed.

Remember, even the strongest cases for the prosecution have weaknesses which can still effectively beat DUI charges in KY. Utilizing Board Certified free DUI lawyer help in the area with an arrest review can uncover these weaknesses and build a compelling defense that gives you the best chance of a case-winning outcome.

Don’t let a recent second DUI charge define your future. Contact FightDUICharges today for a free local DUI attorney consultation with an experienced Kentucky DUI attorney open now to provide expert legal advice 24 hours daily to help get out of charges.

We’ll fight tirelessly to protect your rights and minimize the consequences of your arrest.