Our client was charged with a felony Driving Under the Influence (4th or greater offense) and Driving on a DUI Suspended License. The offenses carried a maximum of five (5) years imprisonment and five (5) year license suspension.
The officer found our client parked in a cul-de-sac, asleep at the wheel, with the vehicle running with the A/C blowing. It was a very hot summer day and our client had been performing manual labor outside. A concerned citizen called the police and an officer came onto the scene. After knocking on the window multiple times, our client woke up and exited the vehicle. The officer immediately smelled alcohol and observed signed of impairment.
It was immediately apparent that our client could not physically perform the field sobriety tests and the officer called dispatch for an ambulance. Once at the hospital, our client was read his rights and a blood test was administered. The client’s blood revealed a BAC level of over .2, which would be considered an aggravated level.
During a suppression hearing the officer testified that after blood test was administered, he had “no further conversation” with our client. According to KRS 189A.105(4), “the officer, immediately following the administration of the final test…shall again be informed of his right to a test or tests of his blood performed by a person of his choosing.” Because of the uncontroverted testimony from the officer, the blood test results were suppressed.
With the officer not observing any operation, the blood test being suppressed, and the client unable to perform any of the field sobriety tests, the prosecutor agreed to dismiss the felony DUI and amend the Driving on a DUI Suspended License to Disorderly Conduct with credit for time served.
Charges – KRS 189A.101 Driving Under the Influence (4th or Greater Offense) and KRS 189A.090 Operating Motor Vehicle While License is Suspended
Court – Kentucky State Court