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Serving the legal community for 10 years. You don’t thrive as a law firm for 10 years in a small, local community without consistently taking care of your clients and this firm takes pride in that fact and Jeremy puts his heart and soul in every case!

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Elizabethtown,
270-765-2000

Louisville,
270-505-9219

Elizabethtown,
270-765-2000

Louisville,
270-505-9219

Brand
Brand

Serving the legal community for 10 years. You don’t thrive as a law firm for 10 years in a small, local community without consistently taking care of your clients and this firm takes pride in that fact and Jeremy puts his heart and soul in every case!

Free Initial Consultation

Elizabethtown,
270-765-2000

Louisville,
270-505-9219

Elizabethtown,
270-765-2000

Louisville,
270-505-9219

Brand

Refusing to submit to a blood test may not hamper a DUI defense

On Behalf of | Aug 19, 2021 | Criminal Defense, Dui

The Kentucky Supreme Court ruled that prosecutors may no longer use a motorist’s refusal to submit to a warrantless blood test as evidence of driving under the influence. As reported by the Associated Press, a prosecutor may not have scientific proof of an individual’s blood alcohol content level without the test results.

Prosecutors attempting to convict a defendant of a drunken driving offense without a required blood sample may not ask the court to increase sentencing or enhance penalties. The jury may also not allow a prosecutor to explain how refusing to provide a blood sample means that a defendant has admitted his or her guilt of intoxication.

Failure to submit a breath test may provide evidence

Under Kentucky’s laws, an officer may pull a motorist over for violating a traffic rule such as running a red light. If a motorist appears reasonably intoxicated, an officer may ask the driver to perform a field sobriety test.

The inability to stand on one leg, for example, combined with a strong odor of alcohol may cause an officer to request the driver to breathe into a portable testing machine. Unlike a blood test, if a motorist refuses to provide a breath sample, a prosecutor may introduce that as evidence when pursuing a DUI conviction.

Charged drivers may defend against roadside breath test results

Roadside breath test machines do not always provide accurate BAC levels. As noted by WebMD, a reading may provide a false breath test result if an officer did not calibrate the machine correctly. A driver may contest the machine’s reading to defend against a DUI charge.

Kentucky courts may no longer convict an individual of DUI without scientific evidence such as from a blood sample. If an officer obtains a warrant, however, a motorist may have a legal obligation to submit to a blood test.