The state of Kentucky implemented the illegal per se statute which stipulates that any driver who chooses to operate a motor vehicle while intoxicated or impaired is driving illegally. They uphold the national mandated blood-alcohol content limit of 0.08, which implies that the driver is under the influence. The highest BAC that applies to the standard DUI charge does not exceed 0.16. Any reading that exceeds this limit is classified as aggravated DUI, which imposes harsher penalties. Drivers who are accused of DUI should contact a Criminal Law Attorney in Florence KY.
Stipulations of DUI in Kentucky
At any time that a driver makes the choice to drive while intoxicated, he or she has given consent to all blood-alcohol content testing. The implied consent law encompasses this right for law enforcement to initiate testing when drunk driving is suspected. Any refusal of testing results in suspension of driving privileges.
DUI Penalties in Kentucky
The first DUI offense results in a jail sentence that begins at two days and ranges up to thirty days in jail. All drivers convicted are required to complete a ninety-day treatment program, forty-eight hours of community services, and pay fines of up to $500. Their driving privileges are suspended for up to one-hundred twenty days.
A second offense incurs fines between $350 to $500. The driver spends up to six months in county lockup and must enter a one-year treatment program. Their license is suspended for up to eighteen months and required to participate in up to six months community service.
Drivers who acquire a third offense are subject to fines, which do not exceed $1,000 and spend up to one year in the county jail. They also enter alcohol treatment for one year. Their community service requirements range up to one year, and their license is suspended for up to three years.
A fourth offense is classified as a class D felony and incurs a license suspension of six years. Like the second and third offense, they are required undergo treatment. Anyone who is arrested on a DUI charge should hire a criminal law attorney in Florence KY to represent them.