Home Practice Areas DUI & OVI Defense Kentucky DUI DWI Laws and Penalties

Kentucky DUI DWI Laws and Penalties

PDF Print E-mail

A conviction for a Kentucky DUI has grave and long-lasting repercussions. If you are arrested for drunk driving (DUI or DWI) in Kentucky, you risk:

  1. Losing your driving privileges
  2. Spending time in jail
  3. Paying fines
  4. Having your license plate confiscated
  5. Having an ignition interlock device installed in your vehicle.

Trying to understand the DUI laws in Kentucky along with the courtroom procedures is challenging for an untrained individual. If you value your employment, your personal freedom, and your future, it is best to hire a qualified and skilled Kentucky DUI defense attorney.

1st Offense - DUI in Kentucky (within a 5 year period)

  • Fine: $200 to 500
  • Community Labor: Possible 48 hours to 30 days
  • Jail: 2 to 30 days
  • Alcohol or Substance Abuse Program: 90 days
  • License Suspension: 30 to 120 days

* Aggravating circumstances present: 4 days imprisonment

2nd Offense - DUI in Kentucky (within a 5 year period)

  • Fine: $350 to 500
  • Community Labor: 10 days to 6 months
  • Jail: 7 days to 6 months
  • Alcohol or Substance Abuse Treatment: 1 year
  • License Suspension: 12 to 18 months

* Aggravating circumstances present: 14 days imprisonment

3rd Offense - DUI in Kentucky (within a 5 year period)

  • Fine: $500 to $1,000
  • Community Labor: 10 days to12 months
  • Jail: 30 days to 12 months
  • Alcohol or Substance Abuse Treatment: 1 year
  • License Suspension: 24 to 36 months

* Aggravating circumstances present: 60 days imprisonment

4th or More Offense - DUI in Kentucky (within a 5 year period)

  • Class D Felony
  • Jail: minimum term of 120 days without probation
  • License Suspension: 60 Months
  • Alcohol or Substance Abuse Treatment: 1 year

* Aggravating circumstances present: 240 days imprisonment

Aggravating Circumstances:

  1. Exceeding the speed limit by 30 mph or more
  2. Going the wrong way on a limited access highway
  3. Causing an accident that results in death or serious physical injury
  4. Alcohol level of .18% or more within 2 hours after operating
  5. Refusal to submit to testing
  6. Transporting passengers under 12 years old

Implied Consent

Implied Consent means that by operating a motor vehicle (or non-motor vehicle as defined by statute in Kentucky) you automatically consent to one or more tests of blood, breath and urine, for determining alcohol concentration or the presence of any substance which could impair your driving ability.

Therefore, if you refuse to take the BAC, BrAC, or subsequent tests, your driver's license may be suspended. You are answerable for the "refusal" even if you are found innocent of the DUI charge.



Add this page to your favorite Social Bookmarking website:
AddThis Social Bookmark Button
 
Copyright © 2012 Defending Your Case. All Rights Reserved.
Joomla! is Free Software released under the GNU/GPL License.