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Drunk Driving Information Links
 
Driving Under the Influence

DO YOU KNOW YOUR LEGAL RIGHTS?

The best advice: Don't drink and drive. However, if you are stopped by the police and questioning goes beyond a request for your driver's license and proof of insurance, separate this card at the perforations and hand the Driver's Rights Card to the officer. You may choose to hand the Driver's Rights Card to the officer along with your driver's license and proof of insurance. You should remain silent. Make sure you have read the eight points on this card so that you understand your rights at the time of the stop.

Let the card speak for you. Don't read it to the officer. This card will not prevent you from being arrested if the officer believes sufficient proof of impairment exists. The officer may attempt to verbally coerce or cajole you into performing voluntary evaluations. However, with this card you can and should accurately assert your rights.

NOTICE AND DISCLAIMER

The information shown is intended to help educate members of the Kentucky motoring public about their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. It is not intended to aid drivers under the influence in evading punishment. Use of this card may not be appropriate for some drivers, including but not limited to the following drivers: persons who have been arrested and convicted of one or more prior DUI offenses within the last five years; persons who may have any illegal substances in the body because test results may be used to charge you with additional crimes; persons possessing a commercial driver's license who are stopped while driving a commercial vehicle; and drivers who have been involved in a collision, especially if serious injury or death has occurred. For these individuals a refusal of a test(s) of your breath and/or bodily fluid may be more beneficial than the consequences that may result from an unfavorable test result. If you do decide to refuse, obtaining permission to contact an attorney immediately is critical to your case. If you do not understand any part of this Driver's Rights Card then do not use it without consulting an attorney. If you refuse to successfully complete a test of your breath and/or bodily fluid, pursuant to the Kentucky Implied Consent Statute, you may suffer a suspension of your driving privileges. This is an advertisement. Kentucky law does not certify specialties of legal practice.

 

 

DRIVER'S RIGHTS CARD

NOTICE TO OFFICER:

This document constitutes an official notification and should be retained for your records.
  1. I tender my driver's license and proof of insurance.
  2. I have committed no crime and request that my documents be returned to me and that I be allowed to depart immediately. If you believe I have committed a traffic violation, please issue a citation and allow me to leave.
  3. If you are not going to allow me to leave at this time, I will assume that this is more than a brief investigatory stop and that I am under arrest.
  4. I invoke my RIGHT TO REMAIN SILENT, and do not wish to make any statements, nor do I wish to answer any questions relating to consumption of alcohol and/or drugs.
  5. As is my right under Kentucky law, I rightfully and voluntarily CHOOSE NOT TO TAKE ANY SO-CALLED FIELD SOBRIETY TESTS, (such as Horizontal Gaze Nystagmus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.). In addition, as is my right under Kentucky law, I rightfully and voluntarily REFUSE TO TAKE A PRELIMINARY BREATH TEST.
  6. I DO CONSENT to tests of my blood, breath or urine, at the police station or state testing facility, provided that: (1) the testing is conducted in compliance with all Kentucky laws and administrative regulations, and (2) I am afforded independent testing at a private medical facility by personnel of my own choosing. I in no way waive or withdraw my request for independent testing, nor do I waive any deficiencies in the procedures or in the nature in which you advise me, or in any procedure that you follow during this arrest. This request for independent testing is not withdrawn if you instruct me to submit to more than one test. I request that I be provided with copies of all documentation concerning the tests of my blood, breath or urine including a copy of all test results that you consider to be invalid, deficient or inconclusive. I request that during the test(s) I be able to view any digital, analog, or numeric gauge or readout on the breath testing machine. If a blood or urine test is utilized, I request that a sufficient sample of my blood or urine be collected and properly sealed, preserved and stored so that an independent analysis of it may be conducted at a later date. Concerning my right to an independent test, I hereby request to be transported to the nearest available private medical facility which will conduct independent testing as soon as possible. I will make my own financial arrangements upon arrival at said facility and I will select the type of test I want.
  7. I do NOT CONSENT TO A SEARCH of my person, vehicle, or any other property.
  8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call Attorney Andrew T. Coiner at (270) 442-9268. I will answer no further questions unless my attorney, Andrew T. Coiner, is present.

ATTORNEY ANDREW T. COINER (270) 442-9268

Andrew T. Coiner is a Founding Member of the National College for DUI Defense.

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Andrew T. Coiner
629 Washington St. Paducah, KY 42001
Tel: 270-442-9268 Toll Free: 1-877-442-9268
Email: acoiner@paducahlawyer.com

1-800-NOT-GUILTY
(McCracken, Graves, Livingston, Ballard, Marshall, Lyon, Carlisle, Calloway, Hickman, Caldwell, Fulton and Crittenden Counties)

 

Copyright © 2005 Andrew T. Coiner.  All Rights Reserved.