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DUI in Kentucky

DWI in Kentucky

Kentucky DUI lawyers can represent drivers who have been arrested for driving under the influence (DUI). If you have been arrested for DUI, do not wait to call a Kentucky DUI lawyer. DUI attorneys can help you take immediate legal action. DUI lawyers are ready to defend your rights by conducting a full investigation of your DUI charges. DUI lawyers can also, if necessary, take your DUI case to trial.

Most DUI lawyers provide a free initial consultation to review your DUI case. There is no reason not to meet with a DUI lawyer before you make any decisions about whether or not to plead guilty. DUI lawyers can also help with your license hearing, interview witnesses and evaluate all of the DUI evidence. Do not try to fight this alone. A Kentucky DUI lawyer can help.

DUI laws in Kentucky
It is illegal in the state of Kentucky to operate a motor vehicle if:

  • The driver has a blood alcohol concentration (BAC) of more than 0.08% with in two hours of operating a motorized vehicle. This is sometimes called per se DUI.
  • The driver is under the influence of alcohol or drugs or any combination of a controlled substance which mentally or physically impairs their ability to operate a motorized vehicle.
  • The driver is under the age of 21 and has a BAC of 0.02% with in 2 hours of operating a motorized vehicle.
  • A commercial driver has a BAC of 0.04% or more. If the commercial driver has any detectable amount of alcohol in their system they may be required to stop driving for a period of 24 hours.

First DWI offense (First offense within a 5 year period)

  • Required to pay a $200 - 500 fine
  • Required jail time of 2 to 30 days
  • Required to attend a 90 day Alcohol or Substance Abuse Program
  • Mandatory license suspension for 30 to 120 days
  • Potential 48 hours to 30 days of community service
  • Aggravating circumstances require a jail stay from present to 4 days

Second DUI offense (Within a 5 year period)

  • Required to pay a $350 - $500 fine
  • Required jail time of 7 to 6 months
  • Required to attend a 1 year Alcohol or Substance Abuse Program
  • Mandatory license suspension of 12 to 18 months
  • Potential 10 days to 6 months of community service
  • Aggravating circumstances require a jail stay from present to 14 days

Third DUI offense (Within a 5 year period)

  • Required to pay a $500 - $1,000 fine
  • Required jail time of 10 days to 12 months
  • Required to attend a 1 year Alcohol or Substance Abuse Program
  • Mandatory license suspension of 24 to 36 months
  • Potential 10 days to 6 months of community service
  • Aggravating circumstances require a jail stay from present to 60 days

Fourth DUI offense (Within a 5 year period) Class D Felony

  • Required to pay a $500 - $1,000 fine
  • Required jail stay of 120 days with out probation
  • Required to attend a 1 year Alcohol or Substance Abuse Program
  • Mandatory license suspension of 60 months
  • Potential 10 days to 6 months of community service
  • Aggravating circumstances require a jail stay from present to 240 days

Penalties for aggravated DUI in Kentucky
Kentucky has also established aggravating circumstances and drivers who do any of the following can be assessed higher penalties.

  • Refusing to submit to a chemical test
  • Driving over 30 mph over the speed limit
  • Driving the wrong direction on a limited access highway
  • Driving with a passenger under the age of 12
  • Having a BAC of 0.18% or more with in 2 hours of operating a motorized vehicle
  • The DUI accident causes death or serious injury

Kentucky implied consent laws
Drivers who operate a vehicle in the state of Kentucky have given their implied consent to submit to a chemical test if they are suspected of DUI or driving under the influence of drugs or alcohol. Drivers who refuse to submit to a blood, urine or breathing test can face severe penalties. For the first refusal a driver can lose their license for 30 to 120 days. For the second refusal a driver can lose their license for 12 to 18 months. The license suspension may be required even if you are found innocent of all DUI charges.

Hiring a Kentucky DUI lawyer
One of the most common questions asked by a driver who has been arrested for DUI is "Do I really need to hire a DUI lawyer?". No one has to hire a criminal defense attorney, but states have begun to crack down on drivers who drive under the influence of drugs or alcohol. Legislatures have begun to implement tougher DUI laws and penalties. If this is your first DUI charge, you fully understand all of the DUI laws and DUI penalties and you want to plead guilty, maybe you do not need a DUI attorney. But most DUI lawyers offer a free initial consultation to review your DUI charges so you risk nothing by meeting with a lawyer. If you have had multiple DUI convictions or if you have injured or killed another driver, hiring a DUI lawyer is a must.