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Kentucky DUI

In Kentucky, the offense of Driving Under the Influence of Alcohol or a Controlled Substance is denoted as “DUI.” Persons charged with DUI should seek legal counsel immediately in order to ensure that their rights and interests are properly and fully protected.

A successful defense against such a charge involves a thorough investigation, a critical review of the subjective claims of law enforcement, evaluation of police adherence to constitutional standards, and understanding the interaction of statutory law with court procedure and administrative rules.

Kentucky DUI applies to both alcohol and other substances. KRS section 189A.010 prohibits individuals from operating or being in physical control of a motor vehicle while being under the influence of alcohol, while having an alcohol concentration of 0.08 or more, while being under the influence of any other substance which impairs one’s driving ability, or while the presence of a controlled substance is detected in the blood by a test taken within two hours of the cessation of operation or physical control of a motor vehicle.

Penalties

First Offense within Five Years

A person charged as a first-time DUI offender under Kentucky law faces the prospect of 48 hours to 30 days in jail and/or a $200 to $500 fine. Community labor of 48 hours to 30 days may be substituted for the fine or jail time. Additional penalties include a license revocation of 30 – 120 days, a 90 day Alcohol or Substance Abuse Treatment Program, court costs, County and State Fees, a DUI Service Fee, and a Treatment Program Fee. If an “aggravating circumstance” is present at the time of the offense, there is a minimum of four days imprisonment.

Aggravating Circumstances are as follows:

  1. Operating a motor vehicle in excess of 30 miles per hour above the speed limit;
  2. Operating a motor vehicle in the wrong direction on a limited access highway;
  3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  4. Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is 0.15 or more as measured by tests taken within 2 hours of the cessation of operation of the motor vehicle;
  5. Refusing to submit to any test(s) [blood, breath, or urine] requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI statute; and
  6. Operating a motor vehicle that is transporting a passenger under the age of 12.

Second Offense within Five Years

A person charged with a second offense within five years faces 7 days to 6 months in jail and a $350 to $500 fine. The court may order Community labor of 10 days to 6 months, and a minimum of jail and/or Community labor is mandatory. If an aggravating circumstance is present, a mandatory minimum term of imprisonment shall be 14 days. Additional penalties may include a license revocation of 12 – 18 months, a 1 year Alcohol or Substance Abuse Treatment Program, court costs, County and State Fees, a DUI Service Fee, a Treatment Program Fee, and license plate impoundment or installation of an ignition interlock device.

Third Offense within Five Years

A person charged with a third offense within five years faces 30 days to 12 months in jail and a $500 to $1,000 fine. The court may order Community labor of 10 days to 12 months, and a minimum of jail and/or Community labor is mandatory. If an aggravating circumstance is present, a mandatory minimum term of imprisonment shall be 60 days. Additional penalties may include a license revocation of 24 - 36 months, a 1 year Alcohol or Substance Abuse Treatment Program, court costs, County and State Fees, a DUI Service Fee, a Treatment Program Fee, and license plate impoundment or installation of an ignition interlock device.

Fourth or Subsequent Offense within Five Years

A person charged with a fourth offense within five years faces a Class D Felony, and the potential of 1 – 5 years incarceration. A mandatory 120 days jail is required, along with a fine of $1,000 - $10,000. If an aggravating circumstance is present, a mandatory minimum of 240 days incarceration is required. Additional penalties may include a license revocation of 5 years, with no hardship license available, a 1 year Alcohol or Substance Abuse Treatment Program, court costs, County and State Fees, a DUI Service Fee, a Treatment Program Fee, and license plate impoundment or installation of an ignition interlock device.

Hardship Driver’s License

For an individual convicted of DUI for the first time, a license suspension of 30 – 120 days will be imposed. No Hardship Driver’s License is available for 30 days, and no such license is allowed for anyone after a judicial finding of refusal to take an alcohol concentration or substance test. The individual may apply for a Hardship Driver’s License in order to continue employment, obtain necessary medical care, continue attending school or an educational institution, attend court-ordered counseling or other programs, or attend driver improvement, alcohol, or substance abuse education programs.

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Testimonials

Rich - There aren't many occasions when I stop to write a letter about work someone has done for me. I wanted to take a minute to both congratulate and thank you for your outstanding work on my behalf. Being sued is a painful experience, but your professionalism and attention to detail made all the difference in my case. Your knowledge of the system and recommendations to me throughout the case were near perfect. I felt confident in your decisions and guidance, and appreciate the level of inclusion which you afforded me in the preparation of my case. Once the trial started, I quickly learned that there is a lot more to civil cases than simply dry testimony, dates, times and places. Your positive attitude and encouragement helped me stay focused throughout the proceedings. Your performance in the courtroom was animated and compelling. Honestly, by the time you made closing arguments on my behalf = I had NO doubt about the favorable outcome in the case. You came highly recommended as a trial attorney and exceeded all my expectations. I continue to give my highest recommendation to you when my clients are in need of legal assistance. Much continued success.