You heard right -- the law in Kentucky has undergone a major change and starting on July 15, 2016, some 61 felonies will be eligible for expungement if certain criteria are met.
Many Kentuckians have been hoping for this change for years, and it has taken a long time for our legislature to pass this bill through both houses, but it finally happened -- and many people can get their lives back!
This means they will now be able to find employment, regain their right to vote, and finally feel like citizens again putting their ugly past behind them.
In addition, the misdemeanor expungement law is getting a face-lift, which we will briefly discuss.
So read on to learn more.
Aside from wanting to learn how to beat or "trick" the Breathalyzer machine, many people want to know what to do before they even get to the machine at the station -- they want to know what their options are.
I have written a very detailed blog post on why everyone should absolutely, always, and without exception refuse the breathalyzer and standardized field sobriety tests everywhere in the Commonwealth of Kentucky.
However, I've decided to compile a list of tips on what one can do to minimize their chances of getting a DUI while they are being examined and questioned by a Kentucky law enforcement officer.
- "Do you understand your rights as I have read them to you?"
- "Yes I do."
- "Will you submit to a blood test?"
- "No, I'd rather not."
Here comes the frightening question: Can the officer force me to take a blood test, even though I do not consent to one?
For years this question was up in the air. Finally, on April 17, 2013, the Supreme Court of the United States has provided some guidance, although not answering all open questions. Let's dig in.
The most commonly asked question on my website, and probably the internet when it comes to Driving Under the Influence charges, is, without a doubt, "How do I beat the Breathalyzer machine?
The best answer is simpler than you think --
Don't Drink and Drive!
All kidding aside, the second answer is just as simple - don't take it. Sacrifice your operator's license in order to have a leg up in court. Your case becomes much easier to present to a jury when there is no per se prosecution available (the registering of a 0.08 BAC or greater.)
However, let's explore some additional options.
As some of you may already know, Ignition Interlock Devices (IIDs) are coming to the Commonwealth of Kentucky. We've had them as an option since at least 2000, see KRS 189A.340, but that's exactly what they were until now - Optional.
Beginning on July 15, 2015, IIDs become mandatory for certain types of DUIs. Basically, the legislature has taken judicial discretion out of the equation.
In addition, I have previously discussed why one should always refuse the Breathalyzer and Field Sobriety Tests in the commonwealth of Kentucky. And with these new IID laws, refusal to take the breath test make even more sense.
Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association's publication, 'The Advocate.'
It was printed and distributed in September, 2014.
It's a pretty good read.
This week's blog post is very simple.
You have questions for me.
I may have answers.
If I don't know the answer, I can probably help you find it.
If I can't help you find it, I probably know someone who can help you.
If I can't help you find it, and I don't know anyone who can help you, then we both will have a very interesting situation on our hands.
So, go ahead -- ask away in the comments below and I will be sure to provide a response.
About the Author
Larry Forman is a Louisville criminal defense attorney at LARRY FORMAN LAW, PLLC. Larry handles primarily DUI/DWI charges as well as other criminal charges. Call (502) 931-6788 if you need legal representation.