Joe Suhre, co-author of Kentucky Driving Under the Influence Law, on what to expect from the traffic stop to the courtroom — and why local experience matters in Boone, Kenton, and Campbell counties.
By Joe Suhre, Suhre & Associates DUI and Criminal Defense Lawyers
The drive home from Newport on the Levee or MainStrasse takes ten minutes. A traffic stop along the way, a burned-out taillight, a rolling stop – takes two minutes. But if the officer believes they smell alcohol, that routine stop becomes the start of a DUI investigation: field sobriety tests on the shoulder, a portable breath test, and very possibly a night in jail.
I’ve spent my career defending DUI cases in Kentucky, and here’s the first thing I tell every Northern Kentucky client: what you do in the hours after a charge matters more than most people realize. A Kentucky DUI can follow you for ten years. It doesn’t have to define the next ten minutes of panic.
What a DUI Charge Actually Means in Kentucky
Kentucky’s DUI statute — KRS Chapter 189A — sets the legal limit at 0.08% blood alcohol content for most drivers, 0.04% for commercial drivers, and just 0.02% for drivers under 21. You can also be charged based on impairment by drugs, including prescription medication, with no alcohol involved at all.
For a first offense, penalties generally include a $200 to $500 fine plus court costs, 48 hours to 30 days in jail (community service can sometimes substitute), a license suspension, and a mandatory alcohol or drug education program.
Two things surprise almost everyone. First, Kentucky uses a ten-year “lookback” period — one of the longest in the country — so a second offense nine years later still counts, with sharply higher penalties. Second, “aggravators” such as a BAC of 0.15% or higher, refusing testing (on a 2nd or greater offense), a passenger under 12, or causing an injury accident trigger mandatory minimum jail time even on a first offense.
Why the First 24 Hours Matter
Your first court appearance, called an arraignment, often happens within a day or two. That’s where you enter a plea and the judge sets the terms of your release. It’s also when the clock starts on the evidence: cruiser and body-camera video, the officer’s justification for the stop, the maintenance and calibration records for the breath-testing machine, and how the field sobriety tests were administered.
Any one of those can hold the seed of a defense, but only if someone examines it early and knows what to look for. That isn’t theory. In one recent Northern Kentucky case, the judge granted our motion to suppress excluding both the driver’s refusal to take a chemical test and his admission to smoking marijuana before driving and the verdict was not guilty of DUI. In another Northern Kentucky case, a Cincinnati police officer was found not guilty of DUI after a suppression motion and trial. He returned to duty with his police powers reinstated.
“I contacted him during a holiday weekend after hours, and he was at court first thing Monday morning fully prepared. Incredibly professional, timely, and he genuinely cared about our circumstances.”
— Suhre & Associates client review
He Co-Wrote the Book on Kentucky DUI — Literally
When Wilbur Zevely and I wrote Kentucky Driving Under the Influence Law, the goal was to map every stage of a DUI case, from the investigative stop through charging, trial, and sentencing, in one authoritative reference. We also wanted to include the statutes, court rules, and forms that govern each stage.
I mention it not as a trophy, but because it changes how we practice. When your defense turns on how a breath-test result was obtained or whether a stop was lawful, it helps to have spent years studying exactly those questions, and to have five Kentucky-licensed colleagues at Suhre & Associates, with offices in Lexington and Louisville, doing the same. No honest lawyer can promise you an outcome. What we can promise is that no detail of Kentucky DUI law will be new to us.
Local Courts, Local Knowledge
Northern Kentucky is not one court system. It is several. A case in Kenton County District Court in Covington moves differently than one in Boone County in Burlington or Campbell County in Newport. Diversion options, procedures, and expectations vary, and knowing each courthouse changes how a case should be prepared from day one.
Our attorneys appear regularly throughout Boone, Kenton, and Campbell counties — for clients from Covington, Newport, Florence, Fort Mitchell, Erlanger, Independence, Alexandria, and everywhere in between.
“He made sure I was always on the same page and understood every single step of the process.”
— Suhre & Associates client review
Beyond DUI: Full Criminal Defense
A DUI stop rarely stays a DUI stop. If an officer claims probable cause, a vehicle search can add drug, weapon, or endangerment charges in minutes. Suhre & Associates defends the full range of misdemeanor and felony charges in Kentucky state and federal courts and handles expungements to clear eligible records.
Minutes From the Bridges, Available 24/7
Our office at 300 W. 4th Street in downtown Cincinnati sits just across the river. For many Covington and Newport residents, this is a shorter trip than driving across their own county. Consultations are free, and our phones are answered 24 hours a day by live agents, because arrests often happen after business hours.
If you or a family member is facing a DUI or criminal charge in Northern Kentucky, call (859) 663-2900 for a free consultation.
Northern Kentucky DUI: Three Common Questions
Will I lose my license after a DUI in Kentucky?
A first conviction carries a license suspension, but Kentucky’s ignition interlock program can shorten your time off the road. The license question should be part of your defense strategy from day one, not an afterthought.
Should I refuse the breath test?
Be careful with one-size-fits-all advice. Under Kentucky’s implied consent law, refusal carries its own consequences and counts as an aggravator on a 2nd offense or greater. But a test result is not the end of the story. How the test was administered, maintained, and documented can all be challenged.
Can a DUI be expunged in Kentucky?
In many cases, a DUI can be expunged after a waiting period, if the eligibility requirements are met. Even dismissed charges remain on court records until expunged, so it’s worth pursuing either way.
Joe Suhre is the founder of Suhre & Associates DUI and Criminal Defense Lawyers and co-author, with Wilbur M. Zevely, of Kentucky Driving Under the Influence Law, a comprehensive guide to every stage of a Kentucky DUI case. The firm’s six Kentucky-licensed attorneys serve Northern Kentucky from the firm’s office at 300 W. 4th Street in Cincinnati, with additional Kentucky offices in Lexington and Louisville. Free consultations: (859) 663-2900 or suhrelaw.com.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Client testimonials reflect individual experiences; every case is different, and past results do not guarantee future outcomes.
