Legal Question in DUI Law in Kentucky

I was charged with Alcohol Intoxication in Kentucky. I was on private property when the deputy confronted me and arrested me. I was just walking, I was barefoot but had hurt no one and no property. According the Kentucky Revised Statutes, from what I can tell, you have to be a threat to you, others, or you have to be a public nuisance. You also have to be on public property, or property that is supposed to be public. I was found after walking through miles of fields on private property and walked into the rear of a body shop's property. I think they had no legal right to arrest me and if pushed that I could get a jury trial where at least one member of the jury will find me not guilty. It's a prepayable misdemeanor with a $200 fine, but I don't want to have to pay it (no money). The circuit clerk has already talked to the judge and said they would file it away for a year, but that I'd have to do 10 hours community service. I don't feel as though this is fair and I don't have time, as I work a full time job, with work on the side and 3 kids and a wife as well. Is it worth taking to trial if need be?


Asked on 2/07/11, 10:13 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

Well, if you had the time to walk around barefoot and drunk through miles of field, I'm sure you can squeeze in ten hours of community service. And exactly how long do you think a trial will take? Also, don't count on a hung jury, and even if there is, the county can still try you again and again until there's a verdict.

While you might have a case for suppression based on an illegal stop, that's probably something you'd want to discuss with an attorney. But depending on what your blood alcohol level was when you were arrested, you might have a tough time arguing at trial you weren't a public nuissance. I'm sure they advised you of what the cost/penalty will be/could be if you are found guilty?

Sounds like the county is willing to divert the charge. If you don't get picked up for anything else within a year, it will be dismissed.

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Answered on 2/08/11, 9:16 pm


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