DUI Reference Guide

Kentucky DUI Laws

In Kentucky, a person used to be convicted of a DUI only if the court could prove that an individual was in some way paired as a result of being under the influence.  The prosecution also had to prove that the person arrested was operating the vehicle at the time of their arrest.  However, there are now two ways in which a person can be arrested for DUI.  The first is if they are visibly or noticeable impaired while driving.  The second is when a person is asked to take a blood alcohol content test and comes up with a level of 0.08% or even more.  Anyone under 21 years of age can be arrest for a BAC at or exceeding .02%.  When arrested based on BAC, the court does not need to establish whether or not the person was under the influence since it is established that they were through the use of blood alcohol content results. 

Several factors can be used as potential evidence that a person was under the influence of drugs and or alcohol and therefore had impaired driving abilities.  Sometimes drivers will be stopped because they are driving excessively fast or are not staying between the lines when they drive.  Other times they seem oblivious to stop lights and other traffic signs. 

A police officer might find that someone is unable to talk well and is slurring their speech.  A person might smell of alcohol or just not seem to have all their faculties about them.  In addition, if a person refuses a breath or blood test it can appear that they have something to hide. 

Those arrested should consider the consequences of not agreeing to a chemical test.  This can result in jail time and license suspensions.  Those who refused testing will not be granted limited driving privileges during their suspension.  Depending upon the number of offenses license suspensions can last 30 days to 36 months. 

Anyone who had a prior DUI conviction five years or less from the current arrest, will be considered a repeat offender.  Fines and penalties vary depending upon a person’s number of prior offenses.  First time offenders face as much as 30 days in prison with the minimum if they are sentenced being 48 hours.  Fines range from $200 to $500.  There are times when a person is able to serve community service rather than spending time in prison or paying fines.  The amount of time in service can be up to 30 days or at least 48 hours.  License suspension for first time offenders are from 30-12o days unless a person is less than 21 in which case their suspension is 30 days to six months.  Drug assessments and treatment can apply to all DUI offenders regardless of first offenses.  Penalties can be more severe depending upon a number of prior convictions.

Jail sentences can more severe if any circumstances present are considered aggravating factors.  If this is the case a person will have to spend some time in jail.  Some of these situations include causing a fatal accident or one in which there are serious injuries, driving on the wrong side of the road, not taking any chemical tests or having a passenger who is 11 years old or younger in the car when arrested.  First time offenders will serve four days in jail.  The term for second time offenders is 14 days and 60 days for a third time offender.  Fourth time offenders would serve 240 days in jail. 

Anyone who is stopped on suspicion of a DUI can try to call his or her lawyer before taking a chemical test.  They have a maximum of 15 minutes to attempt to reach their lawyer.  Even if they are unable to do so, testing will go on.

Those who have been arrested for a DUI should consult with a lawyer.  It is important to considering hiring a lawyer for a DUI Case.  There are new laws over the past few years.  Rules can change rather quickly.  Ii is essential to have a lawyer who studies and specialize in DUI law.  They are better able to work for the best interests of the person accused of committing a DUI.