Kentucky increases DUI look back period to 10 yearsRecently on our legal forum a user asked, I recently heard that Kentucky has updated their DUI look back period to 10 years. I was recently arrested for DUI with a previous DUI conviction five years ago. I am wondering how this law will affect my second DUI arrest? Can you explain the new Kentucky look back law?
Overview of Look back LawsLook back periods are the number of years in which the state can look back for previous DUI convictions and enhance penalties for current DUI convictions. On April 9, 2016, the State of Kentucky extended the look back period from five years to ten years. The change was made in response to an DUI incident which killed mark Hinkel by a DUI offender with a long history of drinking and driving. So, what does this mean for you? If you are convicted for a DUI and you have had a previous DUI conviction within the last 10 years, which you have, the second DUI committed within 10 years can be treated not as a first offense, but rather a second offense, leading to much more severe penalties and higher fines. This new law is especially serious for you because if your previous DUI conviction had been reviewed under the old look back law then your most current DUI arrest would have been viewed as a first offense.
What penalties can you expect from a second DUI conviction?As mentioned above, because you will be charged with a second DUI rather than a first, you can expect to pay higher fines and receive more severe penalties. Specifically, you can expect the following:
- Fines of $350 to $500
- Jail time of one week up to six months
- Mandatory treatment for alcohol or substance abuse for one year
- A twelve to eighteen month license suspension
- Mandatory ignition interlock device installation
- Automatic license suspension at your first court appearance (arraignment) whether or not you are convicted of DUI