First Offense DUI in Kentucky

The state of Kentucky imposes both criminal and administrative penalties for first DUI in Kentucky, as well as enhanced penalties for offenses involving aggravating factors. Aggravating factors are defined in Kentucky as speeding in excess of 30 mph of posted limit, wrong side of street driving, DUI involving an accident, BAC above .18, DUI with child (under 12 years old) in vehicle, and refusal to submit. Refusals to submit under implied consent laws in Kentucky, aside from being an aggravating factor, carry mandatory license revocation of thirty (30) days, which is doubled if offender is convicted of DUI offense.

Administrative Penalties

• First offense DUI in Kentucky results in thirty (30) day administrative license suspension with potential of not more than one hundred and twenty (120) days

Criminal Penalties

• First offense convictions in Kentucky carry mandatory minimum period of incarceration of two (2) days, which is doubled if aggravating factors exist, with potential of incarceration at thirty (30) days

• Fines for first offense DUI convictions in Kentucky stand at $200 to $500, which does not cover additional expenses incurred during completion of sentence or during license reinstatement

• Mandatory alcohol/substance abuse assessment and treatment program completion likely term of sentence in first offense conviction

• Convictions influence subsequent charging and sentencing in future DUI cases for a period of five (5) years

Getting Legal Help

The state of Kentucky does not outright prohibit plea options involving reduction of DUI charges into lesser, potentially non-criminal offenses, however, the case-specific elements of each arrest will dictate whether this is a viable option for an offender. Likewise, offenders should actively seek the advice and representation of legal counsel in an attempt to obtain outright dismissal of charges as well. For more information and insight, consult with a Kentucky first DUI lawyer.