Kentucky DUI Law & Lawyers: DUI-Web

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When you are arrested for a DUI in Kentucky the prosecution has two separate theories in which to prosecute the charges. The first theory is the “under the influence” theory in which the prosecution will have to prove beyond a reasonable doubt that as a result of ingesting alcohol and/or drugs your ability to safely operate a vehicle was negatively affected. The second theory is Kentucky's “per se” law, which simply means you drove a vehicle with a blood alcohol level in excess of the current limit, which is .08% or more.

Cases in which a driver refuses to submit to a chemical test or when the driver does not test above the legal limit are usually prosecuted as "under the influence" cases. Cases which a driver does submit to a chemical test and the driver's BAC is above the legal limit are usually brought as “per se” cases. This is an easier case for the prosecution to prove because the law is broken by having a blood alcohol content above the legal limit with no consideration to whether the drivers mental faculties were impaired whatsoever.

When you are arrested for a DUI in the state of Kentucky, you not only have to deal with the criminal case, you also have to deal with the case against the Kentucky Department of Motor Vehicles. The case against the Kentucky Department of Motor Vehicles is a civil or administrative case with a lesser burden of proof and the sole issue will be your privilege to drive. A soon as you are arrested for a DUI the Department of Motor Vehicles will attempt to suspend and/or revoke your driver's license. This is a separate case from the criminal case and it is possible to lose your license even if the criminal case is dismissed or you are acquitted.

The potential penalties for a first-time DUI in Kentucky include a fine of $200-$500, 48 hours to 30 days in jail, community service in lieu of the fine or imprisonment of not less than 48 hours but not more than 30 days, a license suspension of between 30 and 120 days, with a hardship license available if the suspension is more than 30 days and alcohol and drug assessment/treatment of up to 90 days.

Aggravating factors: Kentucky has a list of six aggravating factors which, if present, will enhance (double) the minimum jail sentence. The aggravating factors include:

Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
Operating a motor vehicle in the wrong direction on a limited access highway;
Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.18% or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
Refusing to submit to any test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws;
Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

Mandatory minimum jail sentences for a DUI with an aggravating factor are:

First Offense: Four days;
Second Offense: 14 days;
Third Offense: 60 days; and
Fourth Offense: 240 days.

Fine: $350-$500 (plus statutory service fee of $200.00 and other miscellaneous costs.)
Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.
Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.
Alcohol and Drug Assessment and Treatment: One year.
License Suspension: 12 months to 18 months. The Court may grant a hardship license after 12 months.

Fine: $500-$1,000.
Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.
Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.
License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.
Alcohol and Drug Assessment and Treatment: One year.

Chemical test refusal penalties

Kentucky has the implied consent law, which means that if you are operating or you are in physical control of a motor vehicle in the State of Kentucky you're deemed to have given your consent to submit to one or more chemical tests. At the time the test is requested you should be informed that a refusal can be used against you in court as evidence and will result in the revocation of your driver's license, and if you refuse and are convicted of the DUI you will be subject to a mandatory jail sentence that is twice as long as that mandatory jail sentence imposed if you had submitted to test. If you refuse the test you will not be able to obtain a hardship license.

In Kentucky you have the right to choose an independent test or tests of your blood at your expense. This is important because independent tests outside of the test from the police officer can be used as evidence to rebut the findings of the police chemical tests. You must be advised of this right and specifically asked, "Do you want such a test?"

As in most states, even if you are acquitted of the DUI at trial, the State will impose a license suspension for refusing to submit to a chemical test. For the first offense refusal, the driver's license will be suspended for 30 to 120 days. For a second offense, the driver's license shall be suspended for 12 to 18 months. For the third offense, the driver's license will be suspended for 24 to 36 months. For a fourth offense, the driver's license will be suspended for 60 months.