Driving under the influence Louisville and Shepherdsville | Wantland Law Wantland Law » DUI
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DUI

In Kentucky, the legal blood alcohol limit is 0.08% as measured by a test of blood, breath, or urine. Depending on your blood alcohol level and any previous convictions, your license may be suspended from thirty (30) days up to a period of years. Also, depending upon the circumstances, your license could be revoked at your initial court appearance (pretrial suspension). Upon conviction you will likely be ordered to complete an alcohol education program or even treatment classes. Other possible penalties include vehicle confiscation, the application of an ignition interlock device, jail time, fines, and community service. Typically, first-time offenders incur a fine however jail time is possible.

Listed below are the specific offenses for DUI convictions in Kentucky.

  • First Offense Within 5 Years:

Penalties – $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment.
Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. Alcohol or Substance Abuse Treatment Program – 90 days. License Revoked – 30-120 days (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.

  • Second Offense Within 5 Years:

Penalties – $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days.
Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. Alcohol or Substance Abuse Treatment Program – 1 year. License Revoked – 12 – 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires or apply for ignition interlock device to reduce revocation period. License plate impoundment or installation of ignition interlock device.

  • Third Offense Within 5 Years:

Penalties – $500 to $1000 fine and 30 days to 12 months jail, and court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 60 days.
Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. Alcohol or Substance Abuse Treatment Program – 1 year. License Revoked – 24 to 36 months. May apply for hardship license after minimum suspension period expires or apply for ignition interlock device to reduce suspension period. License plate impoundment or installation of ignition interlock device.

  • Fourth or Subsequent Offense Within 5 Years:

Penalties – 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days.
Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. Alcohol or Substance Abuse Treatment Program – 1 year. License Revoked – 5 years. No hardship license. May apply for ignition interlock device to reduce suspension period. License plate impoundment or installation of ignition interlock device.

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Aggravating Circumstances referred to above are: (1) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit; (2) Operating MV in wrong direction on limited access highway; (3) Operating MV that causes accident resulting in death or serious physical injury; (4) Operating Motor Vehicle while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of Motor Vehicle; (5) Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a Motor Vehicle in violation of KRS 189A.010(1); and (6) Operating Motor Vehicle that is transporting a passenger under 12 years of age.

WANTLAND LAW, PLLC can protect your rights, preserve your freedom, and obtain the most favorable result. WANTLAND LAW, PLLC is an experienced firm who will dedicate themselves to you case. They are familiar in blood alcohol analysis and drunk driving cases can efficiently handle criminal and administrative proceedings.If you have been charged with a drunk driving offense you need to contact an attorney. Convictions can stay on your record for life and be have a far reaching effect on your employment. Additionally, if you have been previously convicted there are possible steps in getting the conviction removed from your record after a certain length of time.

Don’t let a mistake ruin your personal and professional life, contact WANTLAND LAW, PLLC today.

 

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