Kentucky DUI Defense Lawyer

Welcome visitors to the 2010 World Equestrian Games in Lexington KY

Isaacs Law Office welcomes the visitors to Lexington Kentucky for the 2010 World Equestrian Games.   The local Lexington and Fayette County Police Officers are very strict and stop vehicles when they suspect a driver is impaired. Therefore, please drink responsibly and have a sober designated driver operate your vehicle.

Post by Kentucky DUI attorney Stephen Isaacs.

Possible DUI Sentencing Alternatives in Kentucky

Kentucky DUI Attorney Stephen Isaacs of Isaacs Law Office has learned that some Kentucky courts are considering sentencing alternatives to jail for DUI offenders.  One such alternative involves continuous alcohol monitoring using a bracelet attached to an offender's leg.

Evidenced-Based Continuous Alcohol Monitoring with a SCRAM bracelet allows those accused or convicted of DUI to maintain their sobriety and possibly avoid jail, while increasing public safety, along with:  

• Helping lower recidivism (by 45% in repeat DUI offenders who wore SCRAMx for 90 days or more)

• Providing better responses to treatment when combined with SCRAMx

• Letting offenders maintain family obligations, hold jobs, and contribute positively to the community

SCRAMx is more commonly used with repeat DUI/DWI offenders, but can also ordered on first-time offenders who have aggravated circumstances like an extremely high blood alcohol content (BAC). Courts may order DUI/DWI offenders on SCRAMx to not only deter them from drinking – and driving – for a specified time period, but also to assess their alcohol dependency levels to recommend individualized courses of treatment.

Key objectives of the SCRAMx DUI/DWI Program include:

• Protecting the public by monitoring DUI/DWI offenders 24/7
• Ensuring compliance with court-ordered terms of alcohol abstinence
• Promoting enforceable accountability
• Providing evidence-based data to support abstinence
• Assessing the offender’s alcohol dependency and drinking patterns
• Detecting if the offender drinks prior to trial to facilitate early intervention
• Helping offenders prove extended sobriety to be considered for driver’s license reinstatement
• Allowing the offender to maintain job and family obligations, and contribute positively to the community while awaiting trial

With regard to placing DUI/DWI offenders under house arrest in addition to alcohol monitoring, data from NHTSA’s Traffic Safety Facts 2008 shows how this approach makes perfect sense from a public safety standpoint. According to NHTSA, the prime hours for alcohol-impaired fatal crashes are between 9:00 pm and 6:00 am – the highest (64%) being from midnight to 3:00 am. Knowing that some of their higher-risk offenders may backslide during the evening hours, judges can impose curfews during that time to keep them off the roads and better protect the community.  The SCRAMx monitors the DUI offender's compliance with the court imposed curfew.

What should you do when you've been stopped by the police for suspicion of driving under the influence

In Kentucky, Police stop vehicles for many reasons, not just for suspicion of DUI. But if you had been drinking or under the influence of a drug, then you need to do several things to increase your chance of being found innocent.

First, call a criminal defense attorney if possible. Some officers will cooperate with you and allow you to speak with an attorney if you inform the officer that you need to understand your rights.

Listen to the instructions from the officer and do not be rowdy, disruptive, aggressive or physical towards the officer. Do not give the officer grounds to arrest you because of your behavior. Be polite and respectful (they will appreciate the respect and may return the favor).

Do as little as possible and do not volunteer information. You will have to provide your name and present your drivers license, registration and proof of insurance. But you can stop there. Note that anything you say before the officer places you in custody can and probably will be used against you. According to the court in Miranda v Arizona, you have the right to ask for an attorney and remain silent when in police custody. Miranda applies ONLY if the officer asks you questions when in police custody. Note that not all traffic stops rise to the level of being in police custody: in these cases, the police may ask you questions without having to invoke your Miranda rights and then can use your statements as evidence against you. If the officer follows procedure, they will probably write down everything you say for the prosecutor to use. Therefore, be safe and invoke your right to remain silent: you do not have to answer questions such as how much you had to drink or if you had been smoking marijuana. You do not need to confess to the officer that you believe you are intoxicated or impaired.

Furthermore, the officer may demand that you take several “field sobriety” tests if the officer suspects you of driving under the influence. The officer intends to collect evidence against you using the field sobriety tests. The field sobriety tests commonly administered in Kentucky include the walk and turn test, the one leg stand, the horizontal gauze Nystagmus test, and a portable breath test. However, in Kentucky, these tests are voluntary: you can refuse to take these tests. A word of caution: be polite and respectful to the officer should you decide to refuse these tests.

In Kentucky an officer can arrest you based solely on his opinion as to whether you drove the vehicle under the influence. Should the officer decide to arrest you, they will transport you to a detention facility. There exists a good chance that the officer will record your voice during transit. Be aware of this fact and do not answer any questions in the police cruiser. You need to remain calm and quiet even if you believe the officer wrongly arrested you.

Once at the detention facility, the officer will again request that you submit to a test of your blood, breath or urine. All drivers operating a vehicle in Kentucky impliedly consent to submit to these tests. The officer should thereafter read you an implied consent form, which essentially states that that you have 20 minutes or less to contact an attorney for legal advice and that he will permit you to obtain an independent blood test (at your expense) if and only if you cooperate and submit to the requested blood, breath or urine tests. Should you decide to refuse to take the test, Kentucky law will presume guilt and increase the penalties levied against you should you later decide to plead guilty or if a jury finds you guilty. Remember, do not volunteer any information to anybody except for your attorney. Some Kentucky jailers record all conversations inside the detention centers and on the telephone. Any statements you make against your interest may be used against you at a trial of the matter.

Post by Lexington Criminal Defense Attorney Stephen J. Isaacs, Isaacs Law Office.

The United States Court in Miranda v. Arizona, 384 U.S. 436 (1966) held that statements made by a defendant during interrogation and while in police custody are admissible at trial only if the police had previously informed the defendant of his right to counsel with an attorney before and during questioning and of the right against self-incrimination before questioning by the police. The prosecutor could thereafter use at trial any voluntary statements made by the defendant. The Miranda court based its decision on the Fifth Amendment right to counsel and the right to remain silent.

Roadblocks and DUI

 Denver Post Columnist David Harsanyi recently quoted Supreme Court Justice John Paul Stevens to describe the roadblocks as "elaborate, and disquieting, publicity stunts." 

Read David's interesting article for his opinion on how police road blocks block basic rights of all drivers.

Post by Lexington Kentucky Criminal Defense Attorney, Stephen J. Isaacs, Isaacs Law Office.

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Researchers Discover Chemical to Stop Craving in Alcoholics and Treat Eating Disorders

Researchers at Melbourne's Howard Florey Institute discovered that blocking the brain's orexin system can also inhibit craving for alcohol according to a report by the BBC News. Work is reportedly underway to develop drugs which could act as orexin blockers.

Orexin cells, located in the hypothalamus, provide a chemical involved in the "high" felt after drinking alcohol or taking illicit drugs. Dr. Lawrence reported that if they can develop a drug to block the human orexin system, then an alcoholic’s craving for alcohol may be stopped.

The research further indicated that the same orexin producing cells are believed to play a part in regulating feeding. It is believed that the same drug which will help alcoholics may also help treat eating disorders.

Researchers further recommend treatment of alcohol dependence with pharmacological treatments in conjunction with psychological therapies.

Further information can be found in the BBC News Article.

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Post by Lexington Kentucky DUI Attorney, Stephen J. Isaacs, Isaacs Law Office.

Kentucky Reports 82.6 Percent Average DUI Conviction Rate

A recent study of the DUI conviction rate for Kentucky counties using data collected between 2001-2005 showed a statewide conviction rate of 82.6 percent, with convictions by counties ranging between 43 to 92.1 percent.

The conviction rate for a few counties are as follows:

• Shelby County           -   92.1  percent
• Anderson County       -   90.8  percent
• Fayette County          -   91.7  percent
• Scott County              -  88.3  percent
• Woodford County       -  88.1  percent
• Franklin County         -   78     percent
• Jefferson County        -  77.4  percent
• Owen County              -  71.7  percent
• Gallatin County           -  60     percent
• Clay County                -  50     percent
• Leslie County             -  43      percent

Of note, an arrest for DUI does not always lead to a conviction. Reasons provided for the non-convictions included:

1. Some drivers arrested for DUI because they smelled of the odor of alcohol but tested low and were deemed not guilty, and
2. Areas with very skilled DUI defense lawyers affected the conviction rates.

Post by Kentucky DUI Lawyer, Stephen J. Isaacs.

Handy Don't Drink and Drive Advertising

Enigma, a nightclub in Bombay, has come up with a novel idea to remind their customers that they should not drive while intoxicated and to help them contact a cab company.  It seems that the Bombay nightclub stamps people's hands with a message before they enter. The message: "Don't drink and drive. Call a cab. [phone number]."

View where the the nightclub places the stamp.

Post by Lexington, KY, Personal Injury, Criminal Defense, and DUI Lawyer, Stephen J. Isaacs.