Kentucky DUI Lawyer

DUI laws in the State of Kentucky involve a range of complicated stipulations that require the knowledge of an attorney. If you or a loved one has been charged with DUI, our Kentucky DUI attorney will be there to help with your case. We discuss the best approach to help you make informed decisions for your situation. We devote our practice to successfully defending your case and reducing the consequences.

Difference between a Defense Attorney and a DUI Lawyer

DUI lawyers dedicate their practice to the study and defense of traffic laws and the like. They are more familiar with suppression issues, field sobriety tests, and police training under DUI detection and enforcement.

If you’re facing charges for driving under influence, don’t just hire a defense attorney; talk to our DUI lawyer in Kentucky. Our firm will protect your rights and prioritize your best interests during the legal proceedings.

 

Kentucky DUI Law

Kentucky Revised Statute 189A.010(1), prohibits driving under the influence of alcohol or any other substance or combination of substances (DUI) or with a certain concentration of alcohol.  To sustain a conviction under Kentucky Revised Statute, the Commonwealth must prove that the driver was under the influence of the offending substances.  Upon a conviction of a first offense DUI in the Commonwealth, most judges impose a relatively standard punishment of fines and imprisonment, service fee, license suspension, and substance abuse evaluation.

However, there are six “aggravating circumstances” which mandate minimum mandatory periods of incarceration, which include:

  • Operating a motor vehicle in excess of 30 miles per hour above the speed limit;
  • Operating a motor vehicle in the wrong direction on a limited access road;
  • Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  • Operating a motor vehicle with the alcohol concentration in the operator’s breath or blood is .15 or more as measured by a test or sample of the operator’s blood;
  • Refusing to submit to any tests of the operator’s breath or blood; or
  • Transporting passengers under 12 years of age.

The minimum periods of incarceration are doubled for aggravating circumstances and the service of the minimum time is mandatory.  Determining which offense number is based on how many convictions for DUI that person has had within the past five years.  Below are the potential penalties for a DUI conviction in Kentucky:

First Offense

  • $200 – 500 Fine
  • 2 to 30 Days in Jail
  • 90 Days of Alcohol or Substance Abuse Program
  • 30 to 120 Day License Suspension
  • Possible 48 Hours – 30 Days Community Labor

Second Offense

  • $350-500 Fine
  • 7 Days – 6 Months in Jail
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 12 to 18 Month License Suspension
  • 10 Days-6 Months Community Labor

Third Offense

  • $500 – 1,000 Fine
  • 30 Days-12 Months Jail
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 24 to 36 Month License Suspension
  • 10 Days-12 Months Community Labor

Fourth Offense

  • Class D Felony
  • Minimum Term 120 Days Imprisonment Without Probation
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 60 Month License Suspension

The facts of your case and your past criminal history will also impact the sentence you will receive.  Our attorneys can help minimize the bad and emphasize the good things about you to ensure you receive a lower sentence.

License Suspension

In Kentucky, if you are convicted of DUI, your license will suspended in the range depending on the number of offenses as authorized by Kentucky Statute

First Offense: 30 to 120 days Second Offense: 12 to 18 months
Third Offense: 24 to 36 months Fourth Offense: 60 months (5 years)

However, the court may issue a pretrial suspension at your arraignment (first appearance in court) upon a plea of not guilty.  Any pretrial license suspension is typically credited to your license suspension if you are found guilty, enter a plea agreement, or your suspended for a refusal suspension only.  Kentucky statute requires a pretrial suspension of your license for the duration of the case when either:

  • There is a refusal of breath, blood, or urine test;
  • Had a prior DUI within the past 5 years;
  • Had a license suspension in the past five years for refusing a breath, blood, or urine test; or
  • Was involved in an accident that caused death or serious physical injury.

Our attorneys can challenge or minimize any suspension through judicial hearings on the license suspension.  If the officer did not complete one of several steps, a pretrial license suspension can be dismissed.