Laws in Kentucky on Drunk Driving
The state of Kentucky has drunk driving laws on the books to reduce the number of incidents involving impaired drivers. Drunk driving laws have increased the penalties for convicted drivers all over the country. In Kentucky, drivers face fines, jail time and license suspension with a conviction.
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Blood Alcohol Concentration
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The state of Kentucky considers a driver to be under the influence of alcohol with a blood alcohol concentration of .08 percent. Drivers in the state give implied consent when accepting a driver's license. The implied consent law requires drivers to submit to a chemical test of their blood upon the request of law enforcement. Drivers that do not submit to a chemical test lose their license for a minimum of 30 days and a maximum of 120 days for a first offense. A second time refusal of a chemical test results in a license suspension between 12 and 18 months and drivers refusing the chemical test a third time will lose their license between two and three years.
Kentucky lowers the legal limit for drivers under age 21. These younger drivers cannot exceed .02 percent blood alcohol concentration.
Fines
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In the state of Kentucky, drivers convicted of drunk driving for a first offense will receive a minimum fine of $200 with a maximum of $500. The second offense of drunk driving in Kentucky carries a minimum fine of $300 and a maximum of $500. A third time offender receives a $500 to $1,000 fine in the state.
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Jail Time
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Kentucky sentences drunk drivers to community labor and jail time when convicted of the crime. For a first time offense, drivers will receive a sentence between 48 hours and 30 days of community labor and a jail term between 2 and 30 days. Second offenses carry a jail term between seven days and six months with community labor between 10 days and six months. Third time offenders receive a jail term between 30 days and 12 months and a community service sentence between ten days and one year. A fourth conviction of drunk driving carries a minimum 120 day jail term.
Treatment
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The state also may sentence drunk drivers with an alcohol treatment program when convicted. First time drunk drivers receive a sentence of 90 days in an alcohol treatment center. Second and third time offenders receive a minimum of a one-year sentence to a treatment center.
License Suspension
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A conviction of drunk driving results in an automatic suspension of driving privileges in Kentucky. First time offenders lose driving privileges for a period between 30 and 120 days. Second time drunk drivers lose their license for a period between one year and 18 months and third time offenders between two and three years. A fourth offense of drunk driving results in a five-year loss of driving privileges in Kentucky.
Aggravated DUI
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Kentucky imposes harsher sentences on drunk drivers convicted of aggravated DUI. The state considers a drunk driving offense aggravated if the driver is driving in excess of 30 miles per hour over the speed limit, driving in the wrong direction, an accident involving an injury or death, blood alcohol concentration of .18 or higher, refusing to take a chemical test and driving with a passenger under 12 years old. The minimum jail term doubles in cases of aggravated DUI in Kentucky.
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References
- Photo Credit to drunk to drive image by Marjan Veljanoski from Fotolia.com