Drunk Driving DUI Law

Kentucky DUI cases can be charged in two different ways: either violating the law prohibiting driving under the influence of alcohol (or other drugs), which relates to a loss of one’s physical or mental faculties as the result of drinking; or by violating Kentucky’s per se law, simply by driving with an alcohol level of .08% or more. (For drivers under the age of 21, the limit is .02%.)

Before political groups, such as MADD (http://www.madd.org), took over the legislative process, to get a DUI conviction in Kentucky the government had to prove driver was “under the influence of alcohol.

Now, drunk driving cases can be brought even if there is no impairment to a person’s driving, due to the per se laws. These laws criminalize driving based upon the “science” of blood or breath alcohol testing, and being above a certain level, even if there is nothing whatsoever wrong with the way the person is driving.

Kentucky “repeat offender” status for DUI cases is determined based upon a five-year “lookback” period. This status is used for purposes of increased mandatory minimum punishment. This “lookback” period has nothing to do with how long a DUI remains on your record.

First offense Kentucky DUI Cases are punished as follows:

• Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.)
• Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed.
• Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.
• License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated.
• Alcohol and Drug Assessment and Treatment: Ninety days.

Any non-Kentucky driver’s home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-resident’s license is involved.

In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-resident’s home state. A “not guilty” verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition.

DUI Second Offense

• Fine: $350-$500 (plus statutory service fee of $200.00 and other miscellaneous costs.)
• Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.
• Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.
• Alcohol and Drug Assessment and Treatment: One year.
• License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.

DUI Third Offense

• Fine: $500-$1,000.
• Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.
• Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.
• License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.
• Alcohol and Drug Assessment and Treatment: One year.

DUI Fourth Offense

• Fine: $1,000-$10,000.
• Jail: Class D felony. One to five years. At least 120 days of the sentence must be served.
• License Revocation: 60 months. No hardship license.
• Alcohol and Drug Assessment and Treatment: One year.

Drivers Under 21

• Fine: $100-$500.
• License Revocation: Thirty (30) days to six (6) months.
• Community Service: Up to twenty (20) hours in lieu of a fine.
• Alcohol and Drug Assessment and Treatment: Ninety days.

For a Kentucky DUI Lawyer in your area, be sure to visit the Kentucky DUI Lawyers Directory.
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