Over the last year, the state of Kentucky has seen over 24,000 DUI (Driving Under the Influence) arrests and over 24, 500 DUI convictions. Individuals who are stopped and arrested for DUI in Louisville, Lexington, Bowling Green, Owensboro, or anywhere in the state face a very high rate of being convicted of their charge. Having a DUI conviction on your record can mean serious problems for your personal and financial life – this is why you need to begin fighting the charges against you as soon as possible.
The parameters for a DUI charge in Kentucky are consistent with other states across the country, but Kentucky also has circumstances that lead to an Aggravated DUI charge, which can carry even heavier consequences. The good news is that Kentucky does allow plea bargaining for DUI charges, which may mean that, with the help of a knowledgeable legal professional such as the ones at DUIRights.com, you may be able to arrange for a charge of wet reckless or reckless driving in exchange for a guilty plea.
Knowing Your DUI Rights
One of the most common ways for legal professionals to be able to plea for a lesser charge or have their client’s DUI case dismissed is by proving their rights were violated during the traffic stop or arrest. This is why it is important to know what your DUI rights are and be able to share that information with your attorney. If you are unsure of your rights, you can review these questions with your attorney to easily identify which of your rights may have been violated:
- What was the arresting officer’s reason for pulling you over and detaining you?
- Were your Miranda Rights recited to you before your arrest?
- Did the officer witness you driving the vehicle?
- In what time frame was the Breathalyzer test administered after your last alcoholic drink?
- Did the arresting officer have consistent observations with other witnesses?
- Were you administered field sobriety testing? Was the testing given correctly?
- Did any weather conditions or outside forces affect the outcome of your field sobriety testing?
These questions will easily indicate to the attorney when and if your rights were violated – this information can easily be leverage for your defense, helping to secure a lesser, less harmful charge or possibly having your case dismissed from court and your charges dropped completely.
Protect your rights and learn how to get your Kentucky DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation form to get the answers you need.
You still have a chance to improve your situation once you learn the steps needed to eliminate your Kentucky DUI charges. Kentucky DUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges.
DUI Laws in Kentucky
Kentucky is an interesting state for DUI laws. A quick glance at the penalties and fines and you would think the state is one of the more lenient in the country. However, the maximum fines issued are significant as well as having aggravated DUI circumstances*, which could increase fines and penalties more so if convicted.
Consequences for Refusing to Take Chemical Tests in Kentucky
You can refuse to take chemical tests in Kentucky but since it is an implied consent state, so you will face the following penalties:
- First offense – minimum of a 30-day revocation with jail sentenced doubled if you are convicted
- Second offense – minimum one-year revocation with jail sentenced doubled if you are convicted
- Third offense – minimum two-year revocation with jail sentenced doubled if you are convicted
BAC Levels in Kentucky
If you are stopped for a DUI, you will be required to take chemical tests to establish your blood alcohol content (BAC) at the time of the arrest. The Kentucky BAC levels are:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Kentucky?
Kentucky offers very low mandatory jail sentences compared to other states in the country:
- First time offenders – no mandatory jail sentence
- Second time offenders – five-day jail sentence
- Third time offenders – 60-day jail sentence
Kentucky has a 5-year lookback period for sentencing.
Monetary Fines and Penalties for DUI in Kentucky
Fines in Kentucky are very high, especially on the maximum end for repeat offenders:
- First offense – fines ranging from $600 to $2,100
- Second offense – fines ranging from $1,100 to $5,100
- Third offense – fines ranging from $2,100 to $10,000
License Suspension for DUI in Kentucky
First time offenders face a minimum suspension, while repeat offender suspensions are on par with the rest of the country:
- First offense – 90-day suspension
- Second offense – mandatory one-year suspension
- Third offense – mandatory three-year suspension
At this time, there is no mandatory ignition interlock device required in Kentucky.
*Aggravated DUI Circumstances
- Refusing to take tests
- Children in the car under the age of 12
- BAC of .18+
- Injury or death caused
- Speeding 30+ MPH over the limit
- Traveling the wrong way on a limited access highway
If any of these conditions are part of the arrest, you will face larger fines and penalties than listed above.
Reasons to Hire a Kentucky DUI Attorney
Anyone charged with a crime has a right to self-representation and indigent individuals are entitled to services of public defenders. Neither of these is the most effective approach with a DUI case. DUI laws are established at the state level and can be complex, making it difficult for a novice to understand and interpret them correctly. A public defender has legal knowledge but may not be well-versed in DUI laws and might not have time to get up to speed.
Lawyers in private practice tend to be more devoted to their clients, working harder to win their cases. Some lawyers specialize in DUI cases and those practicing in Kentucky are the best choices for people charged with DUI in this state. Not only will the attorney understand Kentucky DUI laws but he or she will also be familiar with the local court system and know experts willing to testify.
Retaining a private DUI lawyer costs more than defending oneself but the result is usually much more appealing. Instead of paying huge fines and losing the ability to drive for a month or longer, the individual may avoid any consequences. If the DUI attorney convinces the court to throw out the case, the DUI will be permanently removed from the client’s record and no penalties will be imposed.
Finding a DUI Attorney in Kentucky
After being arrested, you may decide that you would rather fight the charges than plead guilty. With a skilled attorney, your chances of winning your case are significantly better than attempting to go to trial on your own. If you are arrested and charged with a DUI in Kentucky, you can submit your case for a free evaluation and find a licensed, local attorney by filling out the Free DUI Arrest Form.
We will find a Kentucky DUI lawyer to review the case and discuss your options at no charge. Use this consultation to learn more about Kentucky DUI regulations and penalties as well as asking relevant questions.
During the consultation, ask the DUI attorney how much it will cost to build a case and present it in court. Inquire about payment plans or financing options that make legal representation more affordable. Review the information after the consultation and you will realize that hiring a DUI lawyer is a wise move.