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In March 2022, Denise Kay was arrested for driving under the influence.
In October 2022, Kay pleaded guilty to DUI and was sentenced to 12 months of probation with 90 days of jail, which was suspended pending her successful completion of probation, including monitored sobriety, alcohol treatment and 10 days of house arrest.
While two additional DUI charges were pending, Kay’s probation in the first DUI case was revoked for failing to comply with conditions. In January 2024, Kay agreed to a global disposition of all three cases, but the presiding court rejected the disposition as too lenient and expressed “grave concerns” about Kay’s conduct.
After a pause in the proceeding, Kay returned to the courtroom, where the presiding judge questioned whether she was under the influence and ordered her to submit to a preliminary breath test. The test showed a breath alcohol content of 0.324. The judge held Kay in direct contempt and remanded her to county jail for three days.
In February 2024, Kay appeared in court again to resolve all three cases, pleading guilty to DUI as a second and third offense. She was sentenced to one year in jail, with 43 days of credit served and work release authorized; 24 months of probation with monitored sobriety; alcohol evaluation and recommended treatment; 80 hours of public service; and a victim impact panel through Mothers Against Drunk Driving.
Kay didn’t timely self-report her DUI convictions to regulatory authorities as was required.
The Presiding Disciplinary Judge approved Kay’s stipulation to discipline and suspended her for six months, all to be stayed pending her successful completion of a three-year period of probation. Kay’s probation will take effect only if and when her law license is reinstated from disability inactive status.