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Author Archives: Wilbur Zevely

Wilbur Zevely
Wilbur M. Zevely is a partner in the Florence, KY law firm Busald Funk Zevely, PSC. He has practiced law since 1972. He concentrates his practice in criminal law, domestic relations, and DUI cases. He has defended thousands of clients in criminal trials before Judges and juries. He has practiced throughout Kentucky and Southern Ohio. Mr. Zevely received his B.S. degree in Chemistry from the University of Cincinnati in 1968 with a minor in math. His J.D. is from Salmon P. Chase School of Law in 1972. Prior to entering the practice of law, he worked as a chemist for The Monsanto Co., under contract with the United States Atomic Energy Commission. For many years, Mr. Zevely, has lectured on DUI issues for the Kentucky Association of Criminal Defense Lawyers, (KACDL), the KY Bar Association, the Northern KY Bar Association, and the Kentucky Department of Public Advocacy. He taught for more than 10 years at the week long basic training course at Faubush, KY for the KY Department of Public Advocacy. He writes a regular column on DUI tips for the KACDL news letter. In the early 1970’s Mr. Zevely, incorporated “The 15th Judicial District Public Defender, Inc.,” this was the first State funded Public Defender program in the Northern KY area. Mr. Zevely ran the program for years. The program represented indigent clients in Boone, Gallatin, Grant, Carroll, and Owen Counties. Mr. Zevely along with retired Judge Stanley Billingsley authors the Kentucky Driving Under the Influence Law Book which is a West Law Publication. The book is rewritten annually, and has been published for 19 years. Mr. Zevely has served as director of the KACDL since its formation. Mr. Zevely is a member of the Kentucky Bar Association, the Ohio State Bar Association, KACDL, NACDL, and is admitted to practice in Federal Court for the Southern District of Ohio and the Eastern District of Kentucky. Mr. Zevely received the 2014 Distinguished Lawyer award from the Northern Kentucky Bar Association. He also received the 2015 Lifetime Achievement award from the Northern Kentucky Bar Association.

ATTACKING THE INTOXILIZER

This article deals with methods to suppress the blood alcohol number versus the numerous attacks on the number as it relates to the intoxilizer. It is far easier to have the blood alcohol results suppressed during pretrial than it is to convince jurors the results are inaccurate. There are a number of requirements that must be met before the intoxilizer is admissible in Kentucky. Sources of these attacks come from the Kentucky Administrative Regulations, Kentucky Revised Statutes (KRS), and manuals ... Read More »

Kentucky’s New Ignition Interlock DUI Bill

Effective July 1, 2020 Kentucky has passed a new Ignition Interlock Bill for those convicted of DUI. The Bill makes dramatic changes to the existing law.  The Bill in its entirety is set out in Senate Bill 85. The Interlock will prevent a car from starting if the sample of the persons breath  registers greater than 0.02 grams of alcohol  per 210 liters of breath.  This is no change. Also the driver’s breath is tested every 10 minutes thereafter. This ... Read More »

Preliminary Breath Tester

The Alco-Sensor III is the main preliminary breath tester (PBT) used in Kentucky. The PBT may be used by the police pursuant to KRS 189A.100. Pursuant to this statute the PBT may be administered in the field to a person suspected of violating KRS 189A.010 before the person is arrested. The test may be administered in addition to any other blood alcohol tests authorized by law. According to KRS 189A.100 (1) the refusal of the PBT shall not be used ... Read More »

KENTUCKY’S NEW IGNITION INTERLOCK BILL

Citizens charged with DUI face a number of driver’s license suspensions. They include, in some instances, pre-trial driver’s license suspensions. If there is a DUI conviction there are driver’s license suspensions. The length of these suspensions is related to the number of prior DUI convictions. Pre-trial suspensions, are generally hard suspensions with no driving privileges. Kentucky has hardship driving privileges for people convicted of DUI for certain limited reasons including work, school or treatment. However, there are hard suspensions with ... Read More »