Kentucky uses two different methods of Kentucky DUI laws to get a conviction. One is when a driver operates a motor vehicle while impaired due to the use or consumption of alcohol or any other intoxicating substance, and the other is by implementing the DUI per se law, meaning drivers who take a blood alcohol test and register at 0.08% or above are considered automatically charged with DUI, no proof of impairment needed. Also, if a driver under the age of 21 registers a BAC or blood alcohol content of at or over .02%, he or she is automatically charged with DUI under the per se law.
Understanding Kentucky DUI Laws
Because of the per se laws, law enforcement officials can bring a DUI charge even if the driver doesn’t show any signs of being impaired.
- The officer must have probable cause to pull the individual over, but
- Due to the implied consent law in Kentucky, anyone driving a motor vehicle in the state is assumed to have given consent to be given either a breath, blood, or urine test in order to determine the level of intoxicants in their body.
- Even if the driver shows no signs of impairment, if he or she tests above the legal limit the individual can be criminally charged with a DUI.
Repeat Offender Law
The state of Kentucky is allowed to “look back” on a person’s record for a period of 5 years to determine any prior offenses. This statute is put in place to ensure the state can impose harsher penalties for those individuals who do not adhere to the DUI law and are charged with a second offense or more.
Possible Punishment for First Offense
Every state is different when it comes to prosecuting a DUI charge, and Kentucky has its own set of possible penalties to impose on a defendant depending on the specifics of the case.
- In most cases penalties include a fine of $200 to $500 plus court costs, up to 30 days in jail, up to 120 days of license suspension and possible community service.
- The judge may also mandate the defendant to undergo an assessment from a professional alcohol and drug counselor.
Getting Help
The best way to defend yourself in a DUI case is with the help of a professional criminal lawyer. These individuals are familiar with how the legal process works and, depending on the specifics of your case, could argue the credibility of the police officer that issued the charge, his or her statement as to your impairment, or the calibration of the machine or equipment used to test your BAC. In most cases, these issues are a defendant’s only options for having a DUI charge reduced or dismissed.
