This is a quick guide to potential defenses in DUI matters and relevant penalty information in Kentucky
Mistakes were made, either by you or the officer, and now we have to deal with the consequences! There are ways to minimize your exposure if you've been arrested for DUI in Kentucky and Ohio! In Kentucky, DUI charges can be enhanced for up to 10 years after conviction now! Do not handle this alone!
How will DUI or OVI affect my insurance? My employment? My ability to drive? Will I go to jail? How long will this stay on my record? These are all racing around your mind and you need answers. We can provide them. We have a combined 50+ years of experience in the law and that experience is valuable in DUI matters. Call us and we can sit down and explore your options and legal defenses!
Possible Defenses to Consider
1. The officer didn't have probable cause to stop you or ask for field sobriety tests.
2. Were field sobriety tests given in a manner consistent with policy and procedure and properly explained? Is there video evidence of this?
3. The officer failed to instruct or observe you properly prior to the breathalyzer being administered.
4. The breathalyzer machine wasn't working properly or maintained.
5. The officer's training on the breathalyzer was out of date or insufficient.
6. Were there medical or other reasons for failing the field tests or breathalyzer?
7. Did the officer provide you the ability to consult counsel prior to taking the test?
Kentucky DUI Penalties
DUI Offense Penalties - Kentucky
10 Year Look Back on Prior DUI Convictions
KRS 189A.010(5) and KRS 189A.070(1) provides increasing of penalties which depend on whether the driver has been previously convicted of DUI within the past TEN years. The Kentucky Supreme Court has upheld the 10 year look back in 2017 as constitutional, even in cases where the plea or conviction was prior to the enactment of the new 10 year look back provisions. In addition to the punishments listed below, DUI offenders incur a service fee and must complete substance abuse training. KRS 189A.050 and KRS 189A.040.
License Suspension Fine Incarceration Offense Level
First Offense: 30 - 120 days $200 - $500 48 hours - 30 days Class B Misdemeanor
Second Offense: 12 - 18 months $350 - $500 7 days - 6 months Class B Misdemeanor
Third Offense: 24 - 36 months $500 - $1,000 30 days - 12 months Class A Misdemeanor
Fourth (and subsequent) Offense: 60 months $1,000 - $10,000.KRS 534.030(1). 1 year - 5 years (mandatory minimum of 120 days to be served).KRS 532.060(2). Class D Felony
DUI Aggravating Circumstances - Kentucky
KRS 189A.010(11) imposes additional penalties when "aggravating circumstances" are present. These circumstances include operating a motor vehicle:
At 30 miles per hour or more over the speed limit
In the wrong direction on a limited access highway
That causes an accident that results in death or serious injury to another person
With a blood alcohol concentration of 0.15 or more
Refusing to submit to an officer's test for alcohol concentration
While transporting a passenger under 12 years of age
If aggravating circumstances are found to exist, minimum periods of jail time are doubled, and service of that minimum period becomes mandatory, with no possibility of an early release. KRS 189A.010(5). Thus, in addition to the penalties listed above, the jail terms for DUI offenders with aggravating circumstances are as follows:
First Offense with Aggravating Circumstances: Mandatory minimum sentence 4 days
Second Offense with Aggravating Circumstances: Mandatory minimum sentence 14 days
Third Offense with Aggravating Circumstances: Mandatory minimum sentence 60 days
Fourth (and subsequent) Offense with Aggravating Circumstances: Mandatory minimum sentence 240 days
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