In Kentucky, a person can be convicted of a DUI if her blood or breath alcohol content is .08 or higher. The blood or breath of a person operating a commercial vehicle may not exceed .04, and people under 21 are subject to a limit of .02. Kentucky DUI law also allows the “illegal per se” rule, which allow test results to be enough for conviction.
First Time Penalties
The first DUI conviction in Kentucky usually results in a fine of $200 to $500 plus court costs. An individual's driver's license may be suspended for 30 to 120 days and she may be put in jail for up to 30 days. Conviction can result in orders to attend a 90 day substance abuse program, for which there is a fee. A maximum of 30 days of community labor may also be ordered.
There are certain circumstances that aggravate a DUI, such as refusing to take a test or having a minor under 12 in the vehicle, which result in a mandatory jail sentence of at least 4 days.
Below The Limit DUIs
Kentucky DUI laws allows a person to be convicted even if her levels are below the limit if there is evidence to show that she was too intoxicated to drive properly. The absence of the illegal per se rule or the automatic assumption of guilt would generally make DUI convictions much more difficult to obtain. In cases where the alcohol level is below the limit, prosecutors do not have those protections and bear the burden of proof. A good defense, which focuses on the items the prosecution considers evidence, can present major obstacles for their case.
Defense Against Convictions
It is possible for a person to be arrested for a DUI and have test results that appear absolutely incriminating, but still avoid conviction. Doing this is a matter of good defense.
Law enforcement officers commonly commit procedural errors. For example, it is required that a person have the opportunity to contact an attorney before taking an alcohol test. If this opportunity is denied or other mishaps occur, the court may rule in favor of the defendant. Questioning the accuracy of the alcohol test while highlighting positive results of field sobriety tests can help prevent conviction.
Beating a DUI conviction depends heavily on the facts of the case and the strength of the defensive arguments. For this reason, it is essential that anyone with a pending case immediately seek the assistance of a defense attorney with experience in Kentucky courts.
