Kentucky Criminal Defense Attorney

DUI


Driving under the influence of drugs and alcohol is a serious offense in the state of Kentucky and rightly so.

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Driving while drunk is extremely dangerous, as many of your senses become impaired due to the alcohol in your blood stream. This increases the risk and likelihood of being involved in a fatal accident.

Hundreds, possibly thousands, of people are killed each year in drunk driving accidents. More often than not the drunk driver survives and the other person or persons involved in the accident are the ones who die or suffer from serious injury.

This type of crime comes with some heavy penalties that can affect your ability to get to and from work and can possibly have some jail time associated with it as well.

Kentucky penal code says that a person is not legally allowed to operate a vehicle if their alcohol concentration level is 0.08 or higher as measured by a test of the person’s breath or blood taken within a two hour period of the cessation of operation of the vehicle. You can also be charged with a DUI if your level is 0.08 or higher while you are actually operating the vehicle.

Kentucky penal code also places being under the influence of any other substance or combination of substances that can impair one’s driving ability as driving under the influence. If you are underage and operating a vehicle with an alcohol concentration level of 0.02 within two hours of ceasing the operation of the vehicle, you can be charged with a DUI.

The consequences of driving under the influence of alcohol and drugs are serious and not to be taken lightly.

If you are a first time offender, the punishment is a bit easier on you. If you have been found guilty of driving under the influence, you will have to pay a fine ranging from $200 to $500 or you can choose to spend 48 straight hours or 30 days in prison instead of paying the fine. After you have received your sentence, you can apply to enter a labor program for the length of the sentence rather than paying a fine or spending any time in jail.

The punishments tend to get worse if you are a repeat offender. The amount of the fine and or prison time increases dramatically.

For a second offense within a 5 year period, your fine is at least $350 but could go as high as $500. You will also be required to serve a week in jail with the possibility of serving up to 6 months. In addition to these penalties, you will have to do community service in a labor program as well.

If you continue to be a repeat offender, having multiple DUI offenses within a five year period, you could end up with a felony charge with a sentence of up to 5 years in prison. As stated earlier, this crime is not taken lightly in Kentucky.

In light of the fact that the penalties for driving under the influence of drugs and alcohol are so severe, if you are facing these charges you need to have a legal professional represent you before the court.

A lawyer might be able to reduce your sentence or might even be able to get your case dismissed. One of the strategies your lawyer might use is to dispute the accuracy of the equipment used by law enforcement officers to take a sample of your breath or blood. By calling into question the accuracy of the results, it casts doubt on your guilt and can lead to you avoiding a conviction.