Third Offense DUI in Kentucky

Getting charged with a DUI is no laughing matter. Driving under the influence (DUI) or driving while intoxicated (DWI) is now considered a severe crime in the United States. Increasingly, the courts meet recividism with heavier punishment. The result - an individual with a 2nd DUI faces greater consequences including large fines and serious jail time. There are other consequences including an increase in your insurance. This is particularly true if you are facing a third offense DUI in Kentucky.

Third Offense DUI

In Kentucky, a third offense DUI remains a misdemeanor. Unlike in other states, it does not become a felony. In common with other states, the legal limit is under a 0.08 blood alcohol concentration (BAC) unless you are under the age of 21. At the age, the BAC is 0.02 percent or more. The BAC is strictly adhered to.

A third offense DUI in Kentucky is subject to a look back period. This is subject to change but currently is a period is 5 years from the current date of arrest to the previous date of arrest. No matter what the court outcome of previous arrests, they count towards the consideration of the Dui being classified as first, second or third offense DUI. This designation affects the severity of the penalties – both judicial and administrative

Judicial and Administrative Penalties

Penalties for DUIs fall under 2 different types: judicial and administrative. Administrative penalties are covered by a licensing bureau, the Department of Motor Vehicles (DVM). They are responsible for the revocation of your license. The period lasts from 24 to 36 months. Judicial penalties include the following:

• Fines – between $500 and $1,000
• Jail term – a minimum of 30 days and a maximum of 2 years
• Community service – optional period of from 10 days to a year.
• Alcohol and drug assessment in addition to treatment for a period of at least 1 year

Furthermore, Kentucky operates under the law of implied consent in addition to the criminal charge for DUI. In other words, refusal to give a sample of his or her urine, blood or breath for alcohol testing will result in increased charges

Aggravating Factors

Since 2000 Kentucky has put into place certain aggravating factor. These features increase the penalties given to DUI offenses in Kentucky. In fact, they actually double the mandatory jail time given to a third offense DUI  in Kentucky. They consist of:

• Operating the vehicle in question at more than 30 miles per hour (mph) over the posted speed limit
• Driving the vehicle the wrong way on a limited access highway
• Being the driver responsible for causing an accident with a resulting death or serious physical injury
• Exhibiting a BAC of greater than 0.18 within 2 hours after removal from the operation of the vehicle
• Refusing to permit any of the accepted tests to measure alcohol levels
• Having as a passenger a child under 12 years while operating the vehicle

Plea Options

It is up to you and your lawyer to decide what is in your best interests – your best plea options. Pleading guilty will make sure the case proceeds. If you plead not guilty, it will proceed to trial. It is possible your lawyer may be able to make a plea bargain with the prosecutor and have the charges reduced. Get in touch with a lawyer who knows the law in Kentucky.

Consult a Lawyer

A third offense DUI in Kentucky can result in serious jail time and the loss of your driver’s license. This may interfere with your ability to work. It will also result in a substantial increase in your insurance rates. Do not waste time. Consult a qualified lawyer.