Kentucky DUI Law
In 2009, slightly more than 20 percent of the 791 traffic-related fatalities in Kentucky involved alcohol. The Kentucky Transportation Cabinet (KYTC) notes that, in 2008, alcohol-related crashes resulted in 178 deaths and 2,748 injuries. With fines, jail time and a license suspension, getting a DUI in Kentucky is a costly and time-consuming process.
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BAC and BRAC
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Kentucky uses two tools to determine DUI or impaired driving offenses--blood alcohol concentration (BAC) and breath alcohol concentration (BRAC). BAC measures grams of alcohol per 100 milliliters of blood, according to KYTC. BRAC notes grams of alcohol per 210 liters of breath.
The Law
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Under Kentucky law, you can be charged with driving under the influence (DUI) if your driving ability is impaired by alcohol or other substances, such as illegal drugs, prescription drugs, over-the-counter medications and inhalants, including glue or spray paint. A BAC or BRAC above .08 indicates DUI. You can be charged with DUI for operating a motor vehicle at levels below .08 if other evidence proves impairment. The state follows a zero tolerance policy for those under 21 years of age, meaning a BAC or BRAC reading of over .02 qualifies as DUI.
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Aggravating Circumstances
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KYTC explains that minimum jail times cannot be suspended or otherwise altered when a DUI conviction accompanies "aggravated circumstances." The following situations, as part of a DUI, also result in higher minimum jail times: driving more than 30 mph over the speed limit, driving the wrong way on a limited access highway, causing an accident that results in death or serious bodily injury, an alcohol level of 0.18 or higher within two hours of driving, refusal to have a BAC or BRAC taken and carrying passengers under 12 years old.
First and Second Offense
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An initial DUI offense results in a $200 to $500 fine, along with two to 30 days in jail. If aggravating circumstances are present, you will face a minimum of four days in jail. You will also be slapped with a 30-to-120 day drivers license suspension, 90-day alcohol or substance abuse program and the possibility of 48 hours to 30 days of community service.
KYTC details the punishment for a second DUI conviction within a five-year period. Kentucky ratchets up the fine to between $350 and $500. Jail time increases to between seven days and six months (14 days with aggravating circumstances). You also face a 12-to-18 month license suspension, a one-year treatment program and 10 days to six months of community labor.
Third and Fourth Offense
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A third DUI offense within five years carries a $500 to $1,000 fine, 30 days to 12 months in jail, a 24-to-36 month license suspension, one year of substance abuse treatment and 10 days to 12 months of community service. Jail time hits a minimum of 60 days when aggravating circumstances occur.
Kentucky charges you with a Class D Felony for a fourth DUI conviction in a five-year period. You receive a minimum 120-day jail sentence without probation. Your jail sentence is twice as long--240 days--when aggravating circumstances are present. Additionally, you will spend one year in treatment and receive a 60-month license suspension.
KYTC notes that regardless of innocence or guilt on a DUI charge, refusal to take a BAC or BRAC test can still result in the above-mentioned license suspensions.
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References
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