How DUI Penalties are Issued in Kentucky
State law requires that all who are found guilty of drunken driving are charged with an appropriate punishment. A motorist may incur one or several penalties in conjunction for their crime. Depending on a motorist’s age, prior convictions, BAC level and several other factors, their punishments may be more or less severe.
In Kentucky, DUI punishments become especially more severe once a motorist is charged with aggravated DUI. Drivers will incur aggravated DUI charges if they are transporting a child under the age of 12 while under the influence of alcohol or drugs, driving with a BAC level over .18 percent, driving 30 mph over the speed limit, driving in the wrong direction, refusing to submit to a chemical test, as well as causing an accident while under the influence.
Those who are convicted of aggravated DUI on their first offense will spend 4 days mandatory in jail. Upon the second DUI conviction, 14 additional prison days mandatory must be served. The number of mandatory days then continues to increase with each subsequent DUI conviction.
The following are the penalties imposed on DUI convicts in the state of Kentucky:
1st DUI Conviction
• Imprisonment from 2 to 30 days – if aggravated DUI, mandatory 4 days
• Fine from $200 to $500
• Driver’s license suspended from 30 to 120 days
• Completion of alcohol/drug treatment program for 90 days
• Community service from 48 hours to 30 days
2nd DUI Conviction
• Imprisonment from 7 days to 6 months – if aggravated DUI, mandatory 14 days
• Fine from $350 to $500
• Driver’s license suspended from 12 to 18 months
• Completion of alcohol/drug treatment program for 1 year
• Community service from 10 days to 6 months
3rd DUI Conviction
• Imprisonment from 30 days to 12 months – if aggravated DUI, mandatory 60 days
• Fine from $500 to $1,000
• Driver’s license suspended from 24 to 36 months
• Completion of alcohol/drug treatment program for 1 year
• Community service from 10 days to 12 months
4th DUI Conviction
• Considered felony offense
• Imprisonment from minimum 120 days – if aggravated DUI, mandatory 240 days
• Fine from $500 to $1,000
• Driver’s license suspended for 60 months
Aggravated DUI Charges
In order to get charged with aggravated DUI in Kentucky, a motorist must be guilty of any of the following:
• Driving with a BAC level of .18 percent or above
• Driving with a minor under age 12 while intoxicated
• Driving 30 mph over the speed limit while intoxicated
• Driving the wrong way on a limited access highway while intoxicated
• Causing an accident that results in bodily harm or death while intoxicated
• Refusing to submit to DUI testing
Strict Implied Consent Laws
Kentucky’s implied consent laws are among the strictest in the nation. The law states that all Kentucky motorists automatically must submit to a chemical test of their blood, urine or breath to determine if alcohol and/or drugs are present. If a motorist refuses to take the test, their driver’s license will be suspended from 30 to 120 days. If a motorist refuses a second time, they will have their license suspended between 12 and 18 months and if they refuse a third time, they will lose their license for 24 to 36 months.
Contesting DUI Charges in Kentucky
Since Kentucky DUI laws are very strict, it is imperative that you seek the help of a top Kentucky DUI attorney to fight your charges in court. With the assistance of an acclaimed DUI lawyer in Kentucky, your charges may be significantly reduced or even dropped altogether.
Your DUI lawyer will do whatever it takes to prove your innocence. Rest assured that if there is insufficient proof of your intoxication or if you were issued a faulty breathalyzer device, your DUI attorney will have you cleared of all charges.
Contact the law offices of a leading team of Kentucky DUI lawyers today to get started on your case.
