Can I fight a DUI in Kentucky if I was just at the limit?

It may be possible to fight a Kentucky DUI, depending on the circumstances surrounding your arrest. The fact that you were very close to the legal limit may also give you more opportunities to fight the DUI charges against you. 

In order to fight the DUI charges and avoid the potentially serious penalties, you will need to determine if any of the common DUI defenses apply to you. Common DUI defenses include:

• Constitutional Defenses: The US Constitution protects the right of all citizens to be free of unreasonable searches and seizures. If the police pulled you over with no probable cause and/or performed a test of the alcohol level in your blood without any probable cause to do so, this may be a violation of your fourth amendment rights. If the court decides the officers didn't have probable cause to test you for alcohol, then any evidence they acquired (such as your actual BAC) will not be admissible and you may have the charges dropped due to lack of evidence
• Rising BAC Defense: The closer you were to the legal limit, the better this defense works. This defense essentially points out to the court the fact that a persons' BAC goes up for a period of time once that person stops drinking. If you were not given a BAC test at the precise moment when you were driving, then it would be possible for you to argue that your BAC went up in between the time when you were behind the wheel and the time the test was given. This would mean you weren't necessarily at or above the limit when driving, even if you were at test time. 

These, and other defenses, may all provide you with a way to keep your criminal record clear of a Kentucky DUI. If you intend to defend yourself in court against DUI charges, calling a lawyer for help is essential to being successful.