Kentucky DUI Laws & Attorneys
by Joshua Dale
Perhaps as an offspring from making illegal moonshine, Kentucky is now the marijuana capitol of America, accounting for more than 40% of the illegal cash crop. And as marijuana busts and DUI arrests rise, the Kentucky legislature is debating to increase penalties for alcohol and drug impaired driving.
Generally, there are two ways for the prosecutor to prove a Kentucky DUI case. One is by proving a BAC of .08%. The other is by proving that the defendant was a less than safe driver due to impairment by alcohol and/or drugs via an officer's observations: including manner of driving, field sobriety tests, the smell of alcohol, blood shot, watery eyes, loss of coordination, and general attitude.
Every driver in Kentucky has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Kentucky DUI charge. You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Kentucky DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints or solvents or from a ‘benign source’: mouthwash or prescription or over the counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Kentucky DUI law.
With a Kentucky DUI charge you are going to face two gauntlets. One is the Kentucky Transportation Cabinet, Division of Motor Vehicles and the other is the Kentucky criminal courts system. The penalties seem similar, but they are different and may run concurrently (at the same time). Unlike a criminal case the defendant at an administrative (DMV) hearing the defendant has the burden of proof to prove their innocence. A prior Kentucky DUI or out of state DUI convictions may enhance your penalties.
You have the right to make request within 10 days for an administrative hearing with the Kentucky DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised Kentucky has an out of state Driver’s License Compact Agreement, meaning that Kentucky DUI convictions will be reported to your home state which will generally take action to suspend your license.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time the laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Kentucky DUI specialist. In any case, when you are stopped and arrested for suspicion of a DUI, request to see a Kentucky DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for a Kentucky DUI focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are always legal. Check with a Kentucky DUI attorney who will examine all the aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple" of drinks which is not necessarily incriminating. However such "statements of consumption" will be used against them at later hearings.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you do not want to cooperate until instructed by a Kentucky DUI lawyer. But be advised if you refuse to test under the implied consent law you can lose you license on the spot, probably for many months.
Did I Have A Right To Make A Call After I Am Arrested?
The police are not required to advise the person of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Kentucky DUI specialist.
Did I Have To Take A Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a Kentucky DUI "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. However, even under laboratory conditions, these DUI tests nationwide have only been established to be accurate in predicting blood alcohol content above .10% only 66% to 77% of the time.
I’m Simply Going To Plead Guilty, Why Do I Need A Lawyer?
A Kentucky DUI conviction can impact you in many ways of which you might not be aware. A Kentucky DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
Should I Retain A Kentucky DUI Attorney?
Kentucky DUI penalties and the numerous and complicated laws and penalties should be taken very seriously as they can be long lasting and severe, both in court and with the DMV which regulates your driving privileges.
When considering consulting a Kentucky DUI attorney, take into account the impact of criminal convictions: increased cost or cancellation of auto insurance, credit ratings, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, possible loss of professional credentials or certifications, voting privileges, and the loss of freedom. Don’t you think these rights, personal possessions, achievements and abilities are worth protecting?
What’s A DUI Attorney Going To Cost?
One of the biggest concerns for people charged with a DUI is the cost of a lawyer. As cases vary, so does cost. You may not realize it that money spent now on a skillful Kentucky DUI attorney might save thousands of dollars in the years to come. Your life can be seriously impacted by a criminal record.
Can I Plea Bargain?
There are no plea bargaining statutes in Kentucky DUI cases. However, an effective Kentucky DUI attorney often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DUI. But remember that a subsequent conviction of any following or lesser crimes will still count as a prior (for calculating the mandatory minimums) if you get busted again.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms it serves as an alternative to a pleading guilty or not guilty. While not technically a guilty plea, a nolo plea has many of the same effects, but also some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted and it is not always available for several reasons. However, you’ll need the services of a veteran Kentucky DUI specialist for any specialized plea.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DUI convictions. These convictions include any previous Kentucky administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a probationary program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants).
Can I Get A Diversion Program?
Diversion is when an offender admits guilt, but is not formally convicted and agrees to probation and substance abuse programs. This is for a 1st offense only. The offender agrees to be a law abiding citizen for 1 year, cannot drink alcohol for 1 year, and will take random urine samples for drug or alcohol content testing. They will also attend substance abuse education class, a DUI Victims Panel, and follow the instructions of a counselor. After completing 1 year of probation the charges will be dismissed. Kentucky diversions can be considered as a prior offense and will remain on offender’s record.
Can I get A Hardship License?
Under general circumstances a hardship license is available when a suspension is for more than 30 days. You must apply to the courts who will direct the Dept. of Transportation DMV to issue you the license. An ignition interlock device may be required. This license may be used only for court, school, work, court ordered or medical treatment.
Is Being Punished by the DMV and the Criminal Courts Double Jeopardy?
Like most States, Kentucky DUI law permits the enforcement of administrative penalties in addition court punishments as they consider driving a privilege, not a right, and not subject to civil liberties. The Kentucky DMV administers driver’s licenses, imposes civil penalties, also levies punishments, and works with the Kentucky criminal courts division for the imposition of penalties.
What Is A ‘Book Back’ Period?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Kentucky it is 5 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 5 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
– Kentucky DUI Criminal Penalties –
Aggravating Circumstances Leading Enhanced Penalties
Many circumstances may lead to sentence enhancements: prior DUI convictions, elevated BAC (.18% or over), the presence of a minor (12 years or under) in the car, speeding (30 mph over the limit), reckless driving, and causing an accident with injuries or property damage. Add the following jail time for enhanced punishments:
1st offense: 4 days in jail
2nd offense: 14 days in jail.
3rd offense: 60 days in jail.
4th offense: 240 days in jail.
1st Kentucky DUI Offense
$200 to $500 fine.
$250.00 statutory service fee.
2 to 30 days in jail. Fine or jail time mandatory.
Also in lieu of either fine or jail, 2 to 30 days community service.
30 to 120 days loss of license.
Hardship license available when suspension is more than 30 days.
Must complete 90 day substance abuse treatment.
2nd Offense
$350 to $500 fine.
$200 statutory service fee.
7 days to 6 months jail.
12 to 18 months loss of license.
Possible of forfeiture of license plate.
10 days to 6 months community service.
1 year substance abuse assessment and treatment.
Possible hardship license after 1 year.
2nd Offense – License Plate Confiscation and Ignition Interlock Device
Drivers will forfeit their license plates to the court during suspension period. Court may also impose an ignition interlock device installed.
3rd Offense
$500 to $1,000 fine.
30 days to 1 year in jail.
10 days to 1 year community service.
2 years to 36 months loss of license.
Forfeiture of license plate.
1 year substance abuse assessment and treatment.
Possible hardship license after 24 months.
DUI Fourth Offense
Felony.
$1,000 to $10,000 fine.
1 to 5 years in jail, 120 days mandatory.
Forfeiture of license plate.
5 years loss of license. 60 months.
No hardship license available.
1 year substance abuse assessment and treatment.
Underage DUI
$100 to $500 fine.
30 days to 6 months loss of license.
Up to 20 hours community service in lieu of fine.
3 months alcohol and drug assessment and treatment.
BAC of 0.08% or higher, adult penalties are imposed.
BAC Test Refusal
1st offense: 30 to 120 days loss of license.
2nd offense: 12 to 18 months loss of license.
3rd offense: 2 to 3 years loss of license.
4th offense: 5 year loss of license.
Mandatory jail time twice as along as if you had submitted to the test.
No hardship license.
Penalties are imposed even if you are judged not guilty in a court of law.
– Kentucky DMV Administrative Sanctions –
1st Offense (Within a Five Year Period)
$200 to 500 Fine.
2 to 30 Days in Jail.
90 Day Alcohol or Substance Abuse Program.
30 to 120 Day License Suspension.
Possible 48 Hours to 30 Days Community Labor.
With aggravating circumstances present, 4 days imprisonment.
2nd Offense (Within a 5 Year Period)
$350 to 500 fine.
10 days to 6 months community service.
7 days to 6 months in jail.
1 year alcohol or substance abuse treatment
12 to 18 month license suspension.
When aggravating circumstances present-14 days imprisonment
3rd Offense (Within a Five Year Period)
$500 to $1000 fine.
30 days to 1 year in jail.
10 days to 1 year community service.
1 year substance abuse treatment.
2 to 3 years loss of license.
When aggravating circumstances are present 60 days in jail.
4th Offense (Within a Five Year Period)
Class D Felony.
120 Days Imprisonment without probation.
5 year loss of license.
1 Year alcohol or substance abuse treatment
When aggravating circumstances are present 240 days in jail.
Underage DUI
$100 to $50 fine.
30 days to 6 months loss of license.
Up to 20 hours community service in lieu of a fine.
90 days Alcohol and Drug Assessment and Treatment.
Commercial Driver’s License
BAC .04%.
24 hours waiting period if found with any detectable trace of alcohol in body.
1st offense 1 year disqualification.
3 year disqualification for hauling hazardous material with DUI.
Subsequent offenses lifetime disqualification.
Refusal of BAC Test
1st offense: 30 to 120 days loss of license.
2nd offense: 1 year to 18 months loss of license.
3rd offense: 2 to 3 years loss of license.
4th offense: or more 5 year loss of license.
– Disclaimer –
Only experienced Kentucky DUI attorneys should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Kentucky attorney specializing in DUI law. There is no warrantee, expressed or implied herein. Kentucky DUI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned Kentucky DUI lawyer.
