DWI/DUI - Drunk Driving Laws And Attorneys In Kentucky
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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DWI/DUI - Drunk Driving Laws And Penalties In Kentucky
(KRS 189A.010) It is illegal to drive in the state of Kentucky with a blood
or breath alcohol content of .08 or higher, or .02 if under 21 years of age.
(KRS 281A.210) Commercial vehicle drivers operating commercial
vehicles are deemed to be under the influence at a breath or blood
alcohol level of .04. Commercial vehicle operators may also be placed
out of service for 24 hours for any detectable amount of alcohol or
controlled substance in their system.
(KRS 189A.010 [11]) Aggravating Circumstances result in higher
minimum jail time:
a) Over 30 mph over speed limit
b) Wrong way on limited access highway
c) Causes accident resulting in death or serious physical injury
d) Alcohol level of .18 or more within 2 hours after operating
e) Refusal to submit to testing
f) Transporting passengers under 12 years of age
Implied Consent
Implied Consent applies to any person who operates or is in physical
control of a motor vehicle or a vehicle that is not a motor vehicle
anywhere in Kentucky. Implied Consent means that when a person
operates or is in physical control of a motor vehicle or a vehicle that is
not a motor vehicle as defined by statute in Kentucky they have been
deemed to have given consent to one (1) or more tests of blood, breath
and urine, or combination for the purpose of determining alcohol
concentration or presence of a substance which may impair one's
driving ability. Only through a test of blood, breath or urine can alcohol
levels be accurately measured. The breath test is precise and efficient in
measuring BRAC.
It analyzes a breath sample to determine the amount of alcohol in the
breath. A blood test measures the amount of alcohol in the blood.
(Alcohol concentration means either grams of alcohol per 100 milliliters
of blood or grams of alcohol per 210 liters of breath)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
Note: all of the offenses listed below are for refusals within a five year
period.
1st Offense - 30 to 120 Days
2nd Offense - 12 to 18 Months
3rd Offense - 24 to 36 Months
4th Offense or subsequent - 60 Months
Ignition Interlock Device
Drivers convicted of a second or subsequent DUI will forfeit their license
plates to the courts during the period in which the driver license is
suspended. The court may order an ignition interlock device to be
installed on the violator's vehicle after the driver serves a statutory
suspension period. The ignition interlock device prevents a driver from
operating that vehicle if the driver's BAC is .02 or greater.
Drivers License Reinstatement
The Kentucky reinstatement fee is $40. In addition to paying a
reinstatement fee, drivers may be required to complete a suspension
period, provide proof of satisfying a ticket or provide proof of completing
an alcohol treatment program before a license will be reinstated.
Penalties/Fines If Convicted For A DUI
The DUI law establishes minimum jail times, which cannot be probated,
suspended, conditionally discharged or otherwise subject to early
release.
First Offense Within a Five Year Period:
a) $200 to $500 fine
b) 90 day alcohol or substance abuse treatment
c) 2 to 30 days in jail
d) Possible 48 hours to 30 days community labor
e) 30 to 120 days license suspension
f) 4 days imprisonment if aggravating circumstances are present
Second Offense Within a Five Year Period:
a) $350 to $500 fine
b) 1 year alcohol or substance abuse treatment
c) 7 days to 6 months in jail
d) 10 days to 6 months community labor
e) 12 to 18 months license suspension
f)14 days imprisonment if aggravating circumstances are present
Third Offense Within a Five Year Period:
a) $500 to $1,000 fine
b) 1 year alcohol or substance abuse treatment
c) 30 days to 12 months in jail
d) 10 days to 12 months community labor
e) 24 to 36 months license suspension
f) 60 days imprisonment if aggravating circumstances are present
Fourth Offense Within a Five Year Period:
a) Class D Felony
b) 1 year alcohol or substance abuse treatment
c) Minimum 120 days in jail without probation
d) 60 month license suspension
e) 240 days imprisonment if aggravating circumstances are present
DUI Penalties (Under 21 Years Of Age)
If the driver is under 21 years of age but has an alcohol concentration of
.08 or higher, the driver will be subject to penalties established for
drivers over 21 years of age.
First Offense:
a) $100 to $500 fine or 20 hours community labor
b) 30 days to 6 months license suspension
Driving Under A Suspended License In Kentucky
Hardship License In Kentucky
(KRS 189A.010) It is illegal to drive in the state of Kentucky with a blood
or breath alcohol content of .08 or higher, or .02 if under 21 years of age.
(KRS 281A.210) Commercial vehicle drivers operating commercial
vehicles are deemed to be under the influence at a breath or blood
alcohol level of .04. Commercial vehicle operators may also be placed
out of service for 24 hours for any detectable amount of alcohol or
controlled substance in their system.
(KRS 189A.010 [11]) Aggravating Circumstances result in higher
minimum jail time:
a) Over 30 mph over speed limit
b) Wrong way on limited access highway
c) Causes accident resulting in death or serious physical injury
d) Alcohol level of .18 or more within 2 hours after operating
e) Refusal to submit to testing
f) Transporting passengers under 12 years of age
Implied Consent
Implied Consent applies to any person who operates or is in physical
control of a motor vehicle or a vehicle that is not a motor vehicle
anywhere in Kentucky. Implied Consent means that when a person
operates or is in physical control of a motor vehicle or a vehicle that is
not a motor vehicle as defined by statute in Kentucky they have been
deemed to have given consent to one (1) or more tests of blood, breath
and urine, or combination for the purpose of determining alcohol
concentration or presence of a substance which may impair one's
driving ability. Only through a test of blood, breath or urine can alcohol
levels be accurately measured. The breath test is precise and efficient in
measuring BRAC.
It analyzes a breath sample to determine the amount of alcohol in the
breath. A blood test measures the amount of alcohol in the blood.
(Alcohol concentration means either grams of alcohol per 100 milliliters
of blood or grams of alcohol per 210 liters of breath)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
Note: all of the offenses listed below are for refusals within a five year
period.
1st Offense - 30 to 120 Days
2nd Offense - 12 to 18 Months
3rd Offense - 24 to 36 Months
4th Offense or subsequent - 60 Months
Ignition Interlock Device
Drivers convicted of a second or subsequent DUI will forfeit their license
plates to the courts during the period in which the driver license is
suspended. The court may order an ignition interlock device to be
installed on the violator's vehicle after the driver serves a statutory
suspension period. The ignition interlock device prevents a driver from
operating that vehicle if the driver's BAC is .02 or greater.
Drivers License Reinstatement
The Kentucky reinstatement fee is $40. In addition to paying a
reinstatement fee, drivers may be required to complete a suspension
period, provide proof of satisfying a ticket or provide proof of completing
an alcohol treatment program before a license will be reinstated.
Penalties/Fines If Convicted For A DUI
The DUI law establishes minimum jail times, which cannot be probated,
suspended, conditionally discharged or otherwise subject to early
release.
First Offense Within a Five Year Period:
a) $200 to $500 fine
b) 90 day alcohol or substance abuse treatment
c) 2 to 30 days in jail
d) Possible 48 hours to 30 days community labor
e) 30 to 120 days license suspension
f) 4 days imprisonment if aggravating circumstances are present
Second Offense Within a Five Year Period:
a) $350 to $500 fine
b) 1 year alcohol or substance abuse treatment
c) 7 days to 6 months in jail
d) 10 days to 6 months community labor
e) 12 to 18 months license suspension
f)14 days imprisonment if aggravating circumstances are present
Third Offense Within a Five Year Period:
a) $500 to $1,000 fine
b) 1 year alcohol or substance abuse treatment
c) 30 days to 12 months in jail
d) 10 days to 12 months community labor
e) 24 to 36 months license suspension
f) 60 days imprisonment if aggravating circumstances are present
Fourth Offense Within a Five Year Period:
a) Class D Felony
b) 1 year alcohol or substance abuse treatment
c) Minimum 120 days in jail without probation
d) 60 month license suspension
e) 240 days imprisonment if aggravating circumstances are present
DUI Penalties (Under 21 Years Of Age)
If the driver is under 21 years of age but has an alcohol concentration of
.08 or higher, the driver will be subject to penalties established for
drivers over 21 years of age.
First Offense:
a) $100 to $500 fine or 20 hours community labor
b) 30 days to 6 months license suspension
Driving Under A Suspended License In Kentucky
Hardship License In Kentucky
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