Kentucky Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Kentucky or Court of Appeals of Kentucky where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Rabovsky v. Commonwealth of Kentucky - 2/19/1998
Stephens, C.J.; Johnstone and Stumbo, JJ., concur. Graves, J., Dissents by separate opinion, with Lambert and Wintersheimer, JJ., joining that Dissent.
OPINION OF THE COURT BY JUSTICE COOPER.
OPINION OF THE COURT BY JUSTICE...
Hourigan v. Commonwealth of Kentucky - 1/22/1998
OPINION OF THE COURT BY CHIEF JUSTICE STEPHENS. All concur. Johnstone, J., not sitting in 95-SC-1101-DG.
AFFIRMING 95-SC-870-DG
AFFIRMING 95-SC-1101-DG
REVERSING 96-SC-000463-DG
This case represents a...
Kentucky Farm Bureau Mutual Insurance Company v. Troxell - 11/20/1997
Rehearing Denied Feb. 19, 1998
This is a review of a Court of Appeals decision which affirmed in part and reversed in part the judgment of the Wayne Circuit Court, awarding Appellee/Cross-Appellant, Raymond Troxell, $3,000 in...
Blades v. Commonwealth of Kentucky - 10/30/1997
OPINION OF THE COURT BY JUSTICE GRAVES
AFFIRMING
This matter is before the Court on discretionary review from the Warren Circuit Court. Appellant, Lesley Blades, was convicted in the Warren District Court of operating a...
Hourigan v. Commonwealth of Kentucky - 10/2/1997
OPINION OF THE COURT BY CHIEF JUSTICE STEPHENS
AFFIRMING 95-SC-870-DG
AFFIRMING 95-SC-1101-DG
REVERSING 96-SC-000463-DG
This case represents a consolidation of three separate cases dealing with various issues...
Estep v. Commonwealth of Kentucky - 9/4/1997
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
AFFIRMING This appeal is from a judgment based on a jury verdict which convicted Estep of wanton murder and first-degree assault. She was sentenced to 20 years for the wanton murder...
Horton v. Commonwealth of Kentucky - 5/2/1997
OPINION AFFIRMING
SCHRODER, JUDGE: This is a criminal appeal of a conviction for driving under the influence, fourth offense, and of being a persistent felony offender in the second degree, for which appellant received a six-year...
Kohler v. Commonwealth of Kentucky - 3/21/1997
OPINION AFFIRMING
DYCHE, JUDGE. Appellant Judd Kohler was convicted of driving while under the influence of intoxicants ("DUI") on May 21, 1991, and December 12, 1991. Following an amendment to the DUI statute effective July 1,...
Commonwealth of Kentucky v. Duncan - 2/27/1997
CERTIFICATION OF THE LAW BY SPECIAL JUSTICE DONALD L. JOHNSON
On December 7, 1994, the Respondent, Nina L. Duncan, was arrested and charged with driving on a suspended license in violation of KRS 186.620(2). Ms. Duncan pled not...
Nemeth v. Commonwealth of Kentucky - 2/14/1997
AFFIRMING
BUCKINGHAM, JUDGE. We granted discretionary review of a decision from the Oldham Circuit Court reversing an order of the Oldham District Court which dismissed a DUI charge against the appellant on the ground that he...
Commonwealth of Kentucky v. Taber - 1/30/1997
OPINION OF THE COURT BY JUSTICE STUMBO
AFFIRMING
The Commonwealth appeals a decision of the Court of Appeals reversing the conviction of Appellee, Claude A. Taber, and ordering the trial court to dismiss Appellee's...
Cormney v. Commonwealth of Kentucky - 12/13/1996
AFFIRMING
COMBS, JUDGE. Timothy Cormney appeals his conviction in Fayette Circuit Court for the offenses of second-degree manslaughter and driving under the influence. These charges stemmed from a car crash that occurred on...
Adams v. Commonwealth of Kentucky - 10/4/1996
AFFIRMING
WILHOIT, CHIEF JUDGE. Gary Franklin Adams appeals from a final judgment and sentence entered by the Boyd Circuit Court, finding him guilty of third-degree trafficking in a controlled substance, second-degree possession...
Commonwealth of Kentucky v. Wirth - 9/26/1996
OPINION OF THE COURT BY JUSTICE LAMBERT
CERTIFYING THE LAW
We granted the Commonwealth's request for certification of the law (Ky. Const. § 115 and CR 76.37(10)) to determine the proper construction of KRS 189A.010 and...
Peyton v. Commonwealth of Kentucky - 9/26/1996
OPINION OF THE COURT BY JUSTICE STUMBO
REVERSING AND REMANDING
Shirley Peyton was convicted of two counts of trafficking in a schedule II controlled substance, second or subsequent offense; one count of persistent felony...
Commonwealth of Kentucky v. Burge - 8/29/1996
OPINION OF THE COURT
REVERSING NO. 92-SC-287-DG
AFFIRMING NO. 92-SC-873-TG, and
REVERSING NO. 92-SC-896-TG
We have consolidated these appeals because they present the common issue of whether a finding of...
Commonwealth of Kentucky v. Rhodes - 8/16/1996
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
DYCHE, JUDGE. The Commonwealth of Kentucky has been granted discretionary review of the Nelson Circuit Court's judgment reversing James Rhodes III's conviction for driving...
Snow v. Commonwealth of Kentucky - 8/9/1996
AFFIRMING
HUDDLESTON, JUDGE. In November 1993, Aaron Snow pled guilty to two counts of Theft by Unlawful Taking over $300.00. On April 1, 1994, Snow was sentenced to three years' imprisonment on each count with the sentences to...
Kimberly Beach v. Commonwealth of Kentucky - 6/20/1996
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
AFFIRMING
This appeal is from a decision of the Court of Appeals denying discretionary review. Beach was convicted of driving under the influence, first degree, in Harrison...
Skeans v. Commonwealth of Kentucky - 12/22/1995
AFFIRMING
WILHOIT, JUDGE. The issue presented by this case is whether a certified copy of a uniform citation from the record of a prior conviction of driving under the influence of alcohol (DUI) can be used to prove the date of...
Transportation Cabinet v. Cassity - 12/21/1995
OPINION OF THE COURT BY CHIEF JUSTICE STEPHENS
REVERSING
This appeal was brought by the Transportation Cabinet after a determination by the Court of Appeals that the Cabinet's procedure for enforcing KRS 138.990 is...
Perdue v. Commonwealth of Kentucky - 9/21/1995
OPINION OF THE COURT BY JUSTICE LAMBERT
This appeal is from the final judgment of the Russell Circuit Court adjudging appellant guilty of the crime of complicity to arson for which he was sentenced to life imprisonment and guilty...
Epperson v. Toyota Motor Manufacturing - 9/15/1995
REVERSING AND REMANDING
JOHNSON, JUDGE: Brian Epperson (Epperson) appeals from a summary judgment entered on May 6, 1994, by the Fayette Circuit Court in favor of Toyota Motor Manufacturing, U.S.A., Inc. (Toyota). The principal...
Anderson v. Commonwealth of Kentucky - 9/15/1995
OPINION AFFIRMING
WILHOIT, JUDGE. This is an appeal from the judgment and sentence of the Jefferson Circuit Court entered on April 27, 1994. The appellant had entered a conditional plea of guilty to the crimes of operating a...
Corman v. Commonwealth of Kentucky - 4/28/1995
AFFIRMING
SCHRODER, JUDGE: This is an appeal from a judgment convicting appellant of driving under the influence, fourth offense (DUI 4th) and for being a persistent felony offender, second degree (PFO II). Appellant argued that...
Lynch v. Commonwealth of Kentucky - 4/20/1995
OPINION OF THE COURT BY JUSTICE REYNOLDS
AFFIRMING
The issue for decision is whether the prohibition against operating or being in physical control of a motor vehicle anywhere in this state while under the influence of...
Botkin v. Commonwealth of Kentucky - 12/22/1994
Opinion OF THE COURT BY JUSTICE LEIBSON
Both Botkin and Storey were convicted in Fleming District Court of violating KRS 189A.010(1)(a) by operating a motor vehicle when their blood alcohol content was "0.10 or more." This is...
Mabe v. Commonwealth of Kentucky - 9/29/1994
Opinion OF THE COURT BY JUSTICE LAMBERT
Appellant, Christopher Adam Mabe, was convicted in the Jefferson Circuit Court of Intentional Murder and Theft by Unlawful Taking over $100.00. He was sentenced respectively to life and...
Doyle v. Judicial Retirement and Removal Commission - 9/1/1994
Opinion OF THE COURT BY JUSTICE WINTERSHEIMER
The Judicial Retirement and Removal Commission heard nine charges against District Judge Karen (Kay) Doyle of the Thirty-sixth Judicial District consisting of Magoffin and Knott...
Commonwealth of Kentucky Transportation Cabinet Department of Vehicle Regulation v. Ross - 7/29/1994
LESTER, CHIEF JUDGE. This is an appeal from a judgment entered upon findings of fact and Conclusions of law reversing an order of appellant suspending appellee's license to operate a motor vehicle for failure to submit to a chemical...
Morgan v. Commonwealth of Kentucky - 6/23/1994
Opinion OF THE COURT BY JUSTICE SPAIN
The appellant, Michael Mark Morgan, was tried and convicted in November, 1989, for the murder of his wife, Gretchen Ann Morgan, on April 4, 1989, and sentenced to thirty-eight years'...
Howard v. Transportation Cabinet - 6/23/1994
Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS
This appeal raises the question of whether a vehicle enforcement officer (VEO) has the statutory authority to arrest the driver of a passenger automobile for driving under the...
Hash v. Commonwealth of Kentucky - 5/27/1994
McDONALD, JUDGE. In the early morning hours of January 19, 1992, the appellant, Charles Hash, was operating his vehicle inappropriately in Knox County, Kentucky. Hash, who was driving under the influence of alcohol, nearly struck two...
Butler v. Groce - 5/26/1994
This appeal is from a decision of the Court of Appeals which affirmed a summary judgment of the Clinton Circuit Court which dissolved a temporary restraining order and held that the district court was bound by the records of the...
Mercer v. Commonwealth of Kentucky - 5/13/1994
SCHRODER, JUDGE: Appellant, William Larry Mercer, appeals from a conviction of DUI, fourth, and possession of marijuana in which he entered a conditional guilty plea and was sentenced to two years' imprisonment. After reviewing the...
King v. Commonwealth of Kentucky - 12/29/1993
SCHRODER, JUDGE: This is an appeal of a conviction for a per se DUI, wherein the defendant alleges error in admitting a BA result of .10 where the intoxilyzer machine in question has a margin of error of plus/minus .005.
The...
Commonwealth of Kentucky v. Runion - 12/17/1993
Opinion
JOHNSON, JUDGE: The Commonwealth appeals from an order, entered by the Clay Circuit Court on September 14, 1992, granting Gary Runion's motion for judgment notwithstanding the verdict. After reviewing the record, we are...
Commonwealth of Kentucky Transportation Cabinet v. Hobson - 12/3/1993
HOWERTON, JUDGE. The Transportation Cabinet appeals from an order of the Johnson Circuit Court directing it to issue a Kentucky operator's license to Gary Lee Hobson. Hobson had his Florida license revoked for five years as a result of...
Vaughn v. Commonwealth of Kentucky - 12/3/1993
HOWERTON, JUDGE. Tazwell Vaughn appeals from the denial by the Franklin Circuit Court of his request for an order directing the Transportation Cabinet, Division of Driver's Licensing (Cabinet) to issue to him a Kentucky Operator's...
Martin v. Commonwealth of Kentucky - 12/3/1993
LESTER, CHIEF JUDGE. This is an appeal from a judgment entered upon a plea of guilty to two counts of first-degree assault and three counts of fourth-degree assault, but reserving for review, pursuant to RCr 8.09, the issue of...
Osborne v. Commonwealth of Kentucky - 11/19/1993
McDONALD, JUDGE. A fatal car accident occurred on May 6, 1991, on U.S. 119 in Letcher County, Kentucky. The vehicle, traveling at a high rate of speed, skidded out of control, violently struck a utility pole on the passenger side,...
Estis v. Commonwealth of Kentucky - 11/5/1993
WILHOIT, JUDGE. This is an appeal from a conviction pursuant to a conditional plea of operating a motor vehicle while his license was suspended for driving under the influence ("DUI"), third offense, under KRS 189A.090(2)(c). The...
Kentucky Bar Association v. Starnes - 10/28/1993
Order OF PUBLIC REPRIMAND
In this disciplinary matter, the Board of Governors of the Kentucky Bar Association voted to find respondent, H. Randall Starnes, guilty on three counts of unprofessional conduct, and recommends a public...
Steinbeck v. Commonwealth of Kentucky - 10/8/1993
JOHNSTONE, JUDGE. This appeal arises from a conditional plea entered in the Ballard Circuit Court by Glen R. Steinbeck to the charges of possession of a schedule II narcotic and driving under the influence of alcohol. A suppression...
Kentucky Bar Association v. Prichard - 9/30/1993
Order
The Kentucky Bar Association, as a result of charges instituted against the respondent, James J. Prichard, Jr., has recommended that he be suspended from the practice of law for a period of two years.
The respondent...
Kentucky Bar Association v. Rankin - 9/30/1993
Opinion AND ORDER
On October 6, 1989, three persons were injured when respondent's automobile hit their car from behind on Interstate 64. A blood alcohol test performed on respondent later than evening indicated a blood alcohol...
Commonwealth of Kentucky v. Welch - 9/30/1993
Opinion OF THE COURT BY JUSTICE LEIBSON
Connie Welch was arrested on November 7, 1989, when police, while executing a warrant at the home of a suspected drug dealer, found Welch in possession of oxycodone, a Schedule II...
Clark v. Commonwealth of Kentucky - 9/3/1993
STUMBO, JUDGE: These appeals arise from judgments of conviction of Appellant, Phillip A. Clark (hereinafter "Clark) in 91-CA-001889-MR, and Appellant, Clifford A. Nutter (hereinafter "Nutter"), in 92-CA-000449-MR. The principal issue...
Lovett v. Commonwealth of Kentucky - 7/9/1993
STUMBO, JUDGE. Todd Lovett, the appellant, argues that the trial court erred by not suppressing prior convictions, by failing to grant a continuance, and by failing to recuse. A careful review of the record and pertinent case law...
Commonwealth of Kentucky v. Monson - 7/1/1993
Opinion OF THE COURT BY JUSTICE SPAIN
We granted discretionary review in this case to address the issue of whether KRS 95.740(1) confers county-wide arrest powers upon police officers of fourth-class cities. We now answer the...
Commonwealth of Kentucky v. Raines - 2/18/1993
CERTIFICATION OF THE LAW
The Commonwealth, movant, requests certification of the law as to the constitutionality of the pretrial license suspension provisions of KRS Chapter 189A. The constitutional challenges arise from the...
Bridges v. Commonwealth of Kentucky - 1/21/1993
Opinion OF THE COURT BY JUSTICE COMBS
We granted review of Bridges' conviction for operating a motor vehicle while under the influence of (apparently) alcohol. The issue is whether the trial court erred to the defendant's...
Smith v. Commonwealth of Kentucky - 1/21/1993
Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS
On January 24, 1990, appellant was convicted in McCracken Circuit Court of murder with the aggravating circumstance of arson in the first-degree. The trial court followed the...
Kentucky Bar Association v. Patrick - 12/17/1992
Order
The Board of Governors of the Kentucky Bar Association determined that the respondent, William L. Patrick, engaged in professional misconduct by committing a criminal act which reflected adversely on his fitness as a lawyer...
Holbrook v. Knopf - 12/17/1992
Opinion OF THE COURT BY JUSTICE LEIBSON
Holbrook and Petty are codefendants under indictment in Jefferson Circuit Court for sex offenses arising out of a single criminal episode. The Commonwealth filed a motion asking the trial...
Sallee v. GTE South Inc. - 10/22/1992
Opinion OF THE COURT BY JUSTICE LEIBSON
This case requires us to revisit the parameters of the so-called "Fireman's Rule" (henceforth, Firefighter's Rule) as articulated in Buren v. Midwest Indus., Inc., Ky., 380 S.W.2d 96 ...
Osborne v. Commonwealth of Kentucky - 10/22/1992
Opinion OF THE COURT BY JUSTICE LAMBERT
This Court granted appellant's motion for discretionary review of the Court of Appeals opinion affirming the trial court's order forfeiting currency and a motor vehicle pursuant to KRS ...
Jones v. Commonwealth of Kentucky - 10/9/1992
JOHNSON, JUDGE. This is an appeal from a Harlan Circuit Court Order Denying Probation Pursuant to KRS 533.020(2). The circuit court, we believe, correctly held that KRS 533.020(2) concerning probation with an alternative sentence...
Bush v. Commonwealth of Kentucky - 9/24/1992
Opinion OF THE COURT BY JUSTICE LEIBSON
Terry Bush was convicted of wanton murder, four counts of first-degree assault, driving under the influence, and driving on a suspended license. He was sentenced to thirty years on the...
Moore v. Commonwealth of Kentucky - 6/26/1992
HAYES, JUDGE: David Moore's action on behalf of his wife was dismissed by the Board of Claims. The Franklin Circuit Court affirmed, and we do likewise.
Kimberly Moore was killed in an automobile accident on July 17, 1989. Her...
Commonwealth of Kentucky v. Williams - 6/12/1992
HOWERTON, JUDGE. The Transportation Cabinet appeals from a judgment of the Morgan Circuit Court reversing the Cabinet's order suspending Walker Williams, Jr.'s operator's license for refusal to submit to a breathalyzer test as required...
Speers v. Commonwealth of Kentucky - 4/9/1992
Opinion OF THE COURT BY JUSTICE SPAIN
We granted discretionary review in these consolidated appeals to determine whether paramedics and phlebotomists fall within the class of persons authorized by KRS 189.520(6) to draw blood...
Transportation Cabinet v. Jane C. Driver - 4/3/1992
GUDGEL, JUDGE: This is an appeal from a judgment entered by the McCracken Circuit Court reversing an order of the Transportation Cabinet revoking appellee's driver's license. Appellant contends that the court erred by adjudging that...
Cook v. Commonwealth of Kentucky - 3/12/1992
Opinion OF THE COURT BY JUSTICE WINTERSHEIMER
This appeal is from a decision of the Court of Appeals in a vehicular homicide case in which the Court of Appeals reversed the order of the circuit court suppressing evidence of...
Movant v. Commonwealth of Kentucky - 3/12/1992
Movant, Roy Lee Jones, pled guilty to second-degree manslaughter and was sentenced to six years' imprisonment. His plea was conditional, as provided for in RCr 8.09. He reserved the right to appeal the order denying his motion to...
Cobb v. Commonwealth of Kentucky - 1/10/1992
HUDDLESTON, JUDGE. This is an appeal. from convictions resulting from a conditional plea of guilty to Manslaughter in the Second Degree (KRS 507.040), Assault in the Second Degree (KRS 508.020), two counts of First Degree Criminal...
Foster v. Commonwealth of Kentucky - 12/19/1991
Opinion OF THE COURT BY JUSTICE SPAIN
Appellants, LaFonda Fay Foster and Tina Hickey Powell, were both found guilty by a Fayette County jury of five counts of intentional murder. After a four-week trial, the jury recommended...
Hall v. Commonwealth of Kentucky - 11/1/1991
James E. Hall was found guilty of reckless homicide (KRS 507.050) and driving under the influence (DUI), second offense within five years (KRS 189A.010). He was sentenced to two years in prison on the homicide conviction, and to 90...
Allen v. Commonwealth of Kentucky - 10/25/1991
This is an appeal from a judgment entered upon a jury verdict convicting appellant of driving while under the influence of intoxicants and sentencing him to thirty days confinement and imposing a fine of $500.
Although Allen...
Hall v. Commonwealth of Kentucky - 10/24/1991
Ronnie Hall appeals his conviction by a jury in the Floyd Circuit Court of first-degree (armed) robbery, for which he was sentenced to confinement for fifteen (15) years. The Court of Appeals affirmed the judgment and we now do...
Pence v. Commonwealth of Kentucky - 9/6/1991
WILHOIT, JUDGE. This matter is before the court on discretionary review from the Hardin Circuit Court. Two questions are raised: whether sufficient evidence was presented at trial to support the appellant's conviction for operating a...
Helm v. Commonwealth of Kentucky - 7/3/1991
Charles Helm entered a conditional guilty plea pursuant to RCr 8.09 and was sentenced to twenty years imprisonment for robbery in the first degree, which was enhanced to thirty-five years imprisonment for being a PFO in the second...
Henson v. Commonwealth of Kentucky - 7/3/1991
Appellant, age forty-four and disabled, appeals as a matter of right his conviction of murder and first-degree manslaughter, for which he received a concurrent sentence of imprisonment of twenty and fifteen years, respectively. ...
Cummins v. Lentz - 6/7/1991
This is an appeal from an order affirming the decision of the Department of Vehicle Regulation, Transportation Cabinet, suspending appellant's operator's license for a period of six months.
In September 1988, Trooper Bradley...
Holbrook v. Commonwealth of Kentucky - 6/6/1991
Appellant, age twenty-five, was convicted by a jury of the intentional murder of sixty-year-old Lee Watson by shooting him once in the abdomen and seven times in the back with a .22 caliber pump rifle. Holbrook was then sentenced to...
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