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Kentucky DUI Attorney

Kentucky considers driving under the influence a criminal offense that is punishable with both criminal and administrative penalties. Because driving under the influence can result in penalties that are difficult to face when you’re trying to live a normal life, hiring a Kentucky DUI lawyer is imperative if you have been arrested and charged with driving under the influence. Having a skilled Kentucky DUI lawyer representing you will give you the best chance for successfully defending yourself against these charges and keeping your reputation intact.

Kentucky DUI law makes it possible to be charged in one of two ways for drunk driving. If your driving ability has been impaired because you consumed any alcohol or drugs, you can be charged with driving under the influence. In this case, you would be prosecuted based on being impaired at the time of your arrest. The prosecutor will try to show that you were impaired by discussing your appearance, the odor of alcohol on your breath or clothes, the way you were driving at the time of the arrest, and any other relevant information. You can also be charged with driving under the influence if you take a chemical test that reveals that your BAC level exceeds the legal Kentucky limit of 0.08%. In this type of case, you can be prosecuted solely based on the chemical testing, even if you did nothing to indicate that you were impaired such as braking excessively or causing an accident. Kentucky DUI law allows for a look-back period that will help determine how DUI offenses are charged. This look-back period is five years, meaning that an offense occurring more than five years before your most recent arrest will be charged as a first offense. If your newest conviction occurs within the five year time period, it will be charged as a second or subsequent offense.

The criminal penalties associated with driving under the influence in Kentucky become more severe with each offense a person accumulates. The look-back period is helpful in determining if an offender will face penalties for a first offense or a subsequent offense. The penalties for a first DUI offense in Kentucky are a $200 to $500 fine, a service fee of $250, 48 hours to 30 days in jail, not less than 48 hours and not more than 30 days of community service if the offender is eligible, driver’s license suspension of 30 to 120 days, and 90 days of alcohol or drug assessment and treatment. An offender is eligible for a restricted work permit after 30 days of a suspension. Second offenses result in harsher penalties including $350-$500 in fines, $200 in service fees, seven days to six months in jail, not less than 10 days and no more than six months of community service, one year of alcohol and drug assessment and treatment, and 12 to 18 months of license suspension. A third DUI offense in Kentucky results in penalties including a fine of $500 to $1,000, 30 days to 12 months in jail, not less than 10 days and no more than 12 months of community service, 24 to 36 months of license revocation, and one year of mandatory alcohol and drug treatment and assessment. A fourth DUI offense is a class D felony in Kentucky. The offender must serve a mandatory 120 days of a jail sentence that may be from one year to five years in length. The offender’s license will be revoked for 60 months and he or she will have to undergo alcohol and drug assessment and treatment for one year.

Kentucky has a list of six aggravating factors that double the mandatory minimum jail time for convicted DUI offenders. If the offender was driving 30 miles per hour or more over the speed limit, operating a vehicle going the wrong direction on a limited access highway, operating a motor vehicle that caused death or serious injuries, had a blood alcohol level of .18% or greater, refused to submit to chemical testing, or had a child under the age of 12 in the vehicle while driving under the influence, this doubles the mandatory minimum jail time for the offender. For a first offense, the minimum jail time with one aggravating factor is 4 days. A second offense has a mandatory minimum jail time of 14 days. The third offense with an aggravating factor has a mandatory minimum jail term of 60 days. Fourth offenses with an aggravating factor increase the mandatory minimum jail term to 240 days. Having a Kentucky DUI lawyer can help you to defend yourself against DUI charges or minimize the penalties composed if you are convicted.