What Happens To First Time DUI Offenders in Kentucky?
You can will be arrested charged and most likely be convicted of DUI charges in the state of Kentucky if are pulled over by an arresting officer, asked to take a blood alcohol level test and come out with a result of having a BAC ( blood alcohol content) of .08 % in your blood stream. BAC exams are extensive and are normally given within the first two hours of citation, where results are admitted as prosecutory evidence in a DUI hearing. Offenders can still be charged with a DUI felony at results of lower than .08% depending on reference circumstances and impairment indication during questioning.
Kentucky is uncomplicated when it comes to defining contingent arrests that lead to a DUI charge. There are five conditional situations that may merit a DUI infringement, whereas an offender is found to be committing any or all of the following violations. Operating a vehicle or being found having physical control of a motor vehicle during questioning, beyond the legal limit of alcohol influence is one count;
Operating a vehicle or being found at physical control of a motor vehicle during questioning while under the influence of a prohibited alcohol concentration; Operating a vehicle or being found at physical control of a motor vehicle during questioning while impaired by any other substance that skews driving capability; Operating a vehicle or being found at physical control of a motor vehicle during questioning while impaired by a combination of alcohol and other substances that skews driving capability, and the use of a motor vehicle below the legal age while being found with a outlawed alcohol concentration in the blood stream. Kentucky does not mitigate circumstance when it comes to its DUI arrests. Operating and being physically in control of a motor vehicle while intoxicated will merit a DUI conviction.
Kentucky enforces a five year window for first time offense DUI arrests with the following sentencing terms:
A fine of anywhere from $200-500 in damages and court costs are appointed to convicted DUI offenders, with a minimum jail sentence of two days but not exceeding 30 days. All convicted DUI offenders are required to complete a 90 day alcohol/ associated substance abuse program with a tentative 2-30 day community service order. Driving license is suspended from 30 – 120 days and all aggravating circumstance after an arrest will warrant an additional 4 days incarceration for each account- driving over the speed limit, wrong highway access, physical injury or death, .18 BAC on a breathalyzer, refusal for a chemical test, driving under the influence with a 12 yr old passenger or younger. Accrued additional incarceration time cannot be suspended, probated or discharged, or subject as part of an early release mandate.
Minors who are found to be at a .02 level BAC are considered DUI and will merit the corresponding prosecutory charges, as with additional aggravating circumstance conditions.
Get DUI Help: Repeat Offenses for Kentucky DUI Arrests
Since Kentucky enforces a looking window policy, earlier conviction which are DUI-related from your parent or Illinois bordering states are considered when booking a suspect for current the current DUI charge. The chastisement for a repeat DUI lawbreaker with associated property damage or accidents that lead to bodily harm and worse, death will be subject to the maximum form of prosecution, where the court is likely to sentence defendants under criminal charges. Suspects are charged with Felony DUI which has a broader sentencing definition.
Kentucky reviews if you have outstanding convictions for DUI in parent and neighboring states for a period of five years, to be considered as part of your criminal record for DUI. The BAC records of previous convictions are also taken into concern, where BAC testing results and will put you in higher accountability if you were convicted within the “extremely intoxicated” classification. At this point the court will appoint mandatory drug testing and enrollment in an alcohol and or substance abuse treatment facility as part of your sentencing, paid for by you.
Hire an experienced Kentucky DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing in Kentucky. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact Kentucky DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.