A DUI arrest can leave you reeling, uncertain about what is in store for your future. Unless this is a second or third offense, you probably have no idea what to expect and have plenty of questions swimming in your head. Will I go to jail? Is my driver’s license going to be suspended? Will a DUI conviction stay on my record and for how long? Our DUI lawyers in Kentucky will explain what comes next with your DUI.
When you are arrested for DUI, you are going to be taken to jail, but you won’t have to bail out of jail. In 2015 the Kentucky Supreme Court, Order 2015-24, authorized a pretrial release program for any arrested and charged with the crime. The Non-Financial Uniform Schedule of Bail Administrative Release Program eliminated the bail system in Kentucky and called for the release of inmates based on their risk level. For instance, someone arrested for a non-violent crime like public drunkenness would be considered low risk and could be released on their own recognizance before arraignment.
Drunken or impaired drivers may be considered a moderate risk and can be released under certain conditions outlined by a judge. High-risk offenders are held until arraignment. Since there is no bail system, you don’t have to through a costly and frustrating process to get out of one of the local jails listed below:
Louisville Metro Department of Corrections
400 S 6th St.,
Louisville, KY 40202
Community Correctional Center
316 E Chestnut St.,
Louisville, KY 40202
Your Driver’s License Can Be Suspended
Under Kentucky law, your driver’s license is not immediately suspended and may be allowed until you are convicted. However, a judge can order your license be suspended as a condition of your pretrial release. It will also be suspended if you violate the state’s implied consent laws by refusing to submit to a breathalyzer or chemical test.
If your license is suspended during pretrial diversion or post-adjudication and you drive, you could be sentenced to jail, forced to pay a high-dollar fine and lose your driving privileges for even longer.
What is a DUI in Kentucky?
In Kentucky, you can be charged with a DUI if you:
Are driving with any amount of alcohol in your system if there is other evidence of impairment
Have a BAC of 0.08 percent or above
Are under 21 and have a BAC of 0.02 percent
Have any intoxicating substances in your body including marijuana, heroin, methamphetamines or prescription drugs
Drive a commercial vehicle and have a BAC of 0.04 percent
The state has a “per se” standard which means you can be convicted of a DUI even if your blood alcohol concentration is less than 0.08 percent. What’s more, the prosecution doesn’t need a lot of evidence to convict you, in many cases, an officer’s observations are enough.
If convicted of a DUI in Louisville you face:
First DUI conviction:
Jail- Two to 30 days
Fines-$200 to $500
License Suspension- 30 days up to 120 days
Mandatory Alcohol or Drug Counseling- 90 days
Second DUI conviction:
Jail-Seven days to six months
Fines-$350 to $500
License Suspension- 12 to maximum of 18 months
On a personal level, a DUI conviction will affect everyone differently. For some people, a like a truck driver or a registered nurse, a DUI conviction is the end of their career. For others, their career isn’t threatened, but the loss of driving privileges makes it difficult to get back and forth from work.
Consult with a DUI Attorney in Louisville
Whether you live in Belknap, Germantown or Old Louisville, USAttorneys.com can help you find a nearby criminal defense attorney to assist you with all stages of your DWI or DUI. We can refer you to board certified lawyers who will strive to get a favorable outcome for your case. Call and set up a case consultation with a DUI attorney today.