Legal Question in DUI Law in Kentucky

Re: .045

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Were you intoxicated? (BAC level of .08 or above)

2. Were you in possession of the car keys, and had the vehicle been recently operated?

3. Did you tell the arresting officer that you had been operating the vehicle recently?

In Kentucky, "operating" a motor vehicle has a very broad definition, and if you are found intoxicated in close proximity to a motor vehicle, with the apparent ability to operate the vehicle (it's your car, or you have the keys in your pocket, or the motor's still running), you may be guilty of DUI, even if you are outside the vehicle, on private property.

DUI carries severe penalties in Kentucky.

You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected] .

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]