All states have very serious penalties and high fines for driving under the influence of alcohol or drugs, including the state of Kentucky. If you have been lawfully stopped and arrested for a Kentucky DUI and the state has sufficient evidence to convict you, you could face high fines, a license suspension, and jail time.
Recently on our DUI forum a Kentucky driver asked, “If I was stopped a second time for DUI but the first Kentucky DUI was in 2012 will I be charged with a first or second Kentucky DUI. I really do not want to go to jail. Can you help?”
The look-back or wash-out period for a driving under the influence conviction refers to the amount of time a previous DUI conviction can be used for increasing the mandatory punishment.
In the state of Kentucky there is a five year look-back or wash-out period. This means that if your second DUI is within five years from the arrest date of your previous DUI you will be charged with a second DUI and receive more severe penalties and higher fines.
What penalties will I face for a second Kentucky DUI?
Given that this driver’s first Kentucky DUI conviction was in 2012, there second DUI arrest is within the five year wash-out period. This means if they are convicted for a DUI a second time, it will be there second not first DUI. They will receive the following fines and penalties:
- Up to five days in jail
- Required license suspension of one year
- Required to pay up to $1,100 to $5,100 in fines and penalties
There are also aggravating factors which can increase the minimum sentencing guidelines including excessive speeding, driving with a very high BAC, refusing to submit to the chemical test, or causing injury or death.
What steps do I take after my second Kentucky DUI?
Now that you know that you could potentially face, not only high fines, but also potential jail time, it is time to talk to a Kentucky DUI lawyer. They can answer your questions, review the DUI evidence against you, and determine whether it is better to fight the charges or work with the prosecution on some type of plea agreement.
It’s also important to understand the law. For example, like other states, you can be charged with a Kentucky DUI if your BAC or blood alcohol concentration is .08 or higher, but you can also be charged and convicted (regardless of your BAC) if the state can prove they have enough evidence that you were impaired and unable to safely operate your vehicle.
Additionally, under Kentucky DUI laws, the chemical test of your blood must be given within 2 hours from the time you were operating your motorized vehicle. If the test was given more than two hours after driving, it should not admitted into evidence for your case. Talk to your lawyer if you have questions about the validity of the evidence the state is using against you.
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