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Kentucky DUI State Law
Kentucky DUI LawsKentucky's Implied Consent Law |
Kentucky DUI laws state that an individual that is charged with DUI will face both a criminal and a DMV case. Punishment can be harsh, including jail time, excessive fines and loss of driving privileges. If you have been charged with DUI in Kentucky, contact a specialized Kentucky DUI lawyer as soon as possible to fight charges and to avoid jail time.
Kentucky DUI Law
Keep in mind that the state does NOT have to have a blood alcohol test to file charges against you. If you appear to be under the influence of intoxication and/or are impaired to the point of being unable to drive a vehicle, you can be charged with DUI. The state must show you were significantly impaired, such as stating you were driving erratically.
Kentucky Blood Alcohol Concentration Law
In Kentucky, you may be arrested and charged with DUI if you fail a chemical test, such as urine, blood or breathe test. Under the state's DUI laws, you are in violation if your blood alcohol concentration is at 0.08 percent or higher. The state also has a zero tolerance level of 0.2 percent for those under the age of 21. Any trace of alcohol in your system can warrant an arrest if you are under 21. Also, the state's enhanced penalty level is 0.18 percent, which results in extreme punishment. At a minimum, you will face 4 days mandatory in jail.
Kentucky Look Back Period
In Kentucky, the look back period is five years. This means that any conviction that occurs in the same five year period of another will be consider a second offense. DUI will remain on your criminal and driving records indefinitely, but the look back period is used to determine the penalties you will receive.
Kentucky Implied Consent
Kentucky has implied consent laws. This means that an individual agrees to a chemical test just by driving on Kentucky roads. Under this law, if a police officer requests a chemical test because they believe you are under the influence, and you refuse, you will face an immediate and mandatory 6-month driver's license suspension.
Kentucky DUI Laws
for 1st Offense
A first offense will warrant the following Kentucky DUI penalties.
- Fine of $200 to $500 plus a fee of $250 plus other costs
- Jail time of 48 hours up to 30 days
- Community service in lieu of fine or imprisonment is possible
- License suspension between 30 and 120 days, but a hardship license may be available after 30 days
- Those under 21 will be suspended from driving for up to six months.
- Alcohol and drug assessment and treatment for 90 days
- Charged with a misdemeanor
Kentucky DUI
Laws for 2nd Offense
- A second offense is one that occurs within five years
of a previous conviction. The penalties will include:
- Fine of up to $500 plus additional fees and costs
- Jail time between 7 days and 6 months, at least 48 hours must be served consecutively
- Community Service of no less than 10 days up to 6 months
- Alcohol and drug assessment and treatment for one full year
- License suspension of 12 months up to 18 months with a hardship option available after 12 months
- Charged with a misdemeanor
Kentucky DUI Laws
for 3rd Offense
- A third offense will result in the following penalties:
- Up to $100 fine
- Jail time of up to 12 months, 48 hours of which must be served consecutively
- 12 months of community service
- License revocation for 2 to 3 years
- Drug and alcohol assessment and treatment for
one full year
All additional offenses are charged as felonies.
Hire a Kentucky DUI Attorney
Without the aid of a Kentucky DUI lawyer, you are less likely to get charges dropped or reduced. These professionals can help you to fight the DUI charges and get reduced fines, jail time and suspensions.
- If you have been charged with a DUI in Kentucky, Submit Your Case for a Free Review from a skilled DUI Attorney.
Contact Kentucky Drunk Driving Attorneys
Contact our Attorneys to get more information about Drunk Driving in Kentucky:
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