Best DUI Lawyers In Louisville, KY Of 2024 – Forbes Advisor – Technologist

The DUI laws in Kentucky prohibit driving when you are impaired by alcohol or controlled substances. While several variables can impact what you will be charged with after a DUI arrest, we’ll cover the basics of what constitutes DUI and how penalties are assessed.

Legal Blood Alcohol Concentration (BAC) in Kentucky

Kentucky makes it illegal for adults aged 21 or over to operate a motor vehicle if their BAC is 0.08 or higher. You may also be charged with DUI if any of the following are true:

• You are under the influence of alcohol
• You are under the influence of any other substance that impairs your ability to drive
• You have a controlled substance detectable in your blood
• You are under 21 and have a BAC of 0.02 or higher

An adult with a BAC between 0.04 and 0.08 may still be considered under the influence of alcohol, depending on the other circumstances at the time of their arrest.

Implied Consent Laws in Kentucky

Along with many other states, Kentucky enforces an implied consent law for impairment testing. This means that your operation of a motor vehicle on state roads is enough to give your consent for testing if an officer has probable cause to believe you are impaired. Tests allowed under the implied consent law include breath, blood, or urine tests.

Refusing an impairment test, including a BAC test, will automatically suspend your driver’s license. This suspension will stay in place until your case is resolved, even if you are ultimately acquitted of DUI charges.

DUI Penalties in Kentucky

If you are convicted of DUI, you may face fines, jail time and suspension of your license. The potential penalties increase if you have had prior convictions. Jail time has a mandatory minimum when certain aggravating circumstances are present.

Aggravating circumstances include:

• Speeding more than 30 mph over the speed limit
• Wrong way driving on a limited-access highway
• Causing an accident that results in serious injuries or a fatality
• BAC at or over 0.15
• Driving with a minor passenger under the age of 12

Penalties for DUI are assessed as follows:

Fourth and subsequent offenses are considered Class D felonies. A conviction at this level will result in a minimum term of imprisonment of 240 days if aggravating circumstances are present. A license suspension for fourth and subsequent offenses can range from 30 to 60 months.

License suspension after a DUI conviction will not be lifted until you complete an approved alcohol or substance abuse treatment program. The length of a license suspension can be lowered if you allow an ignition interlock device to be installed in your vehicle and participate in the Kentucky Ignition Interlock Program.

For first offenses, you can petition the judge to enter a community labor program instead of receiving a fine, jail time, or both. Second and third offenses may be sentenced to community labor, fines, or jail time.

What to Expect After a DUI Arrest in Kentucky

A police officer can pull you over if they suspect that you have been driving while intoxicated. From there, they will conduct a field sobriety test or ask you to take a breathalyzer test. If your tests indicate impairment, or if you refuse to test, you will likely be taken to jail.

If this is your first DUI offense, you can post a bond after a few hours, allowing you to leave jail and return for your court date. Otherwise, you may remain in jail while awaiting a court date.

Your first court appearance is called an arraignment. You will be asked to enter a guilty or not guilty plea. Hiring an attorney before you enter a plea can help ensure you provide an appropriate plea for your situation.