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DUI Court Processing In Kentucky

Under Kentucky DUI law, it is a serious crime to operate a motor vehicle while under the influence of drugs or alcohol. While you do not have to be at or above the legal limit of .08 percent alcohol content to be in violation of this law, you will fall under Kentucky's per se law, which means that you are presumed to be impaired and in violation of the law.

If you fall under Kentucky’s per se law, you will need help from professionals who are expert in the forensic science behind the test used to measure your alcohol level and who understands both criminal and DUI defense laws in Kentucky.

 
 

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Kentucky DUI Court Process

Although DUI trial procedures vary from one court to the next, the following is what a typical DUI jury trial is like in the State of Kentucky

Opening Statements: Both the prosecution and defense team will make an opening statement which is designed to give the jury a preview of things to come.

The State's Case: Due to the burden of proof, the state has to go first in putting on its evidence.

Motions: After the State rests its case, the defense will make a motion to dismiss if it believes that all of the evidence needed to secure a conviction was not presented.

Defending Your DUI Case: Your DUI defense lawyer or attorney calls witnesses if there are any.

Closing Arguments: Each side (the state and defense) has the right to argue their case. The prosecutor goes first then the defense attorney presents his case.

The Rebut: After the defense has presented his case, the prosecutor is entitled a chance to rebut whatever your DUI defense lawyer said. The prosecutor gets the last word.

Instructions are given to the Jury: The judge will inform the jury on the rules they need to follow and how to decide the case.

Jury Deliberation: The jury will retire to the jury room to deliberate over the case for a specific time.

The Verdict: When the jury returns from deliberating, they will give a verdict of either guilty or not guilty. The judge will typically read it into the record. In some states, the jury foreperson reads it.

Guilty or not Guilty: If the defendant is acquitted of the DUI charges, the trial comes to an end. However, if the defendant is convicted

Sentencing: If you are found guilty, you will be sentenced or you have the right to an appeal.

Appeal: If there is a need to appeal the case by the prosecution or defense team, it will go up to the next higher court level.

If you are charged with a DUI in the State of Kentucky it is a good idea to become familiar with Kentucky DUI laws and court process. Even if you have a lawyer to represent your case, it is still a good idea to know the DUI court process and what to expect - after all it is your life on the line.