Second Offense DUI in Kentucky

Those who operate a motor vehicle with a blood alcohol content (BAC) of .08 in Kentucky are guilty of driving under the influence (DUI). This standard is the per se measurement nationwide. For drivers under the age of 21, the BAC is set even lower at .02. However, if at the time of the chemical testing, whether for blood, urine or breath, the BAC is less than .05 for an adult driver, the presumption is that driver is not guilty of a DUI. A first DUI offense may incur several penalties including a stay in a county lock up, community service as well as a fine. However, aggravating circumstances may enhance these penalties. Penalties are also enhanced upon a second or subsequent violation. Additionally, if the driver is under 21, he or she may also face license suspension.

Kentucky DUI Laws

Under 189A.010 of Kentucky's code, a driver must not operate or be in physical control of a motor vehicle with a BAC of .08 or more. A BAC is measured within two hours of cessation of the operation or physical control of the vehicle. The law extends to not only alcohol but any controlled substances or other substances that may impair an individual's driving ability. A first penalty may incur a fine of $200 to $500 and imprisonment in county jail not less than 48 hours but no more than 30 days, or both. The violator may also be sentenced to community service.

Upon a second violation, these penalties are increased. Below are penalties for a second offense.

Administrative Penalties

Kentucky's code provides license suspension in cases where the driver is under 21 years of age even for a first offense. Where the driver has been caught operating a vehicle with a minimum .02 BAC will have his or her license suspended by the court for at least 30 days but not more than six months.

Criminal Penalties

Upon a second offense with five years of a previous violation, the violator will face a minimum incarceration in the county jail not less than seven days but not more than six months. The violator may also be fined a minimum of $350 but not more than $500. Additionally, the violator may be sentenced to a minimum of 10 days but not more than six months of community labor.

However, if any aggravating factor was present at the time of offense, jail time is increased to a mandatory minimum incarceration of 14 days; this mandatory minimum cannot be suspended or probated. Some aggravating factors include operating a motor vehicle:

1. in excess of 30 mph;
2. in the wrong direction on a highway with limited access;
3. that causes an accident resulting in a serious injury or death; or
4. while transporting a minor passenger under 12 years of age.

Lookback Period

In determining prior offenses, the court looks at all DUI convictions in the state or outside the state within a five-year period. However, the court does not include convictions in cases where the violators were under 21 years of age at the time of the offense. In determining the five-year period, the court measures from the dates the offenses occurred for which convictions were entered.

Felony vs. Misdemeanor in Kentucky

Although most first, second and third offenses within a five-year period carry misdemeanor penalties with the maximum jail time limited to 12 months. Upon a fourth violation within a five-year period, the crime is categorized as a Class D felony. If any aggravating factors are present, the mandatory minimum for a Class D felony is 240 days, which cannot be suspended or probated.

Plea Options

A violator facing a DUI charge in Kentucky has several plea options including pleading guilty. However, if the offense is a second one, the minimum sentence will not be suspended or probated, and is not subject to either early or conditional release. However, if the sample of the violator's blood or breath used to determine his or her BAC was obtained more than two hours after cessation of operation or physical control of a motor vehicle, the test results are inadmissible. If this is case, the driver should not plea guilty but should fight the charge.

Find an Attorney

If you have been charged with a DUI in Kentucky, you may face possible jail time and fines if convicted. If there were aggravating factors at the time of the offense, these penalties will be increased. Talk with an experienced attorney to discuss possible defenses and plea options to the charges.