Kentucky Driving Under Influence Lawyer, Kentucky Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

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Can driving priviledges be restored during suspension?

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Penalties include forfeiture or ignition interlock?

yes/yes

"Open Container" laws

driver/passenger

Kentucky Driving Under Influence Law

Charges for DUI in Kentucky can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.

As of 2000, Kansas law has 6 factors that automatically double any punishment applicable to a DUI conviction.

  • Operating a motor vehicle more than 30mph above the speed limit

  • Operating a motor vehicle in the wrong direction or on a limited access highway.

  • Causing serious injury or death

  • Having a BAC of greater than 0.18%

  • Refusal to supply a chemical sample.

  • Operating a motor vehicle with an under-12 year old child in the car.

Conviction Punishment
First Fine between $200 and $500 plus surcharges, jail term of from 48 hours to 30 days, possibility of community service, suspension of license between 30 and 120 days, 90 days of alcohol/drug assessment and treatment,,
Second Fine of between $350 and $500 plus costs, jail term between 7 days and six months, no less than 10 ten days community service up to a maximum of 6 months, a one year alcohol/drug assessment and treatment program, suspended license for between 1 year and 18 months.
Third Fine of between $500 and $1000 plus costs, jail term between 30 days and 12 months, no less than 10 ten days community service up to a maximum of 12 months, a one year alcohol/drug assessment and treatment program, suspended license for between 2 years and 3 years.
Fourth A fourth conviction is a felony as opposed to a misdemeanor. Fine of between $1000 and $10000 plus costs, jail term between 120 days and 12 months, a one year alcohol/drug assessment and treatment program, suspended license for 5 years with not possibility to get a temporary license.
Under 21's Fine of between $100 and $500, 20 hours community service, revocation of license between 30 days and 6 months, 90 day alcohol assessment and treatment.

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