You are well advised to contact a criminal defense attorney as soon as possible if you are taken into custody for DUI. The penalties for conviction include ...
First Offense Within a Five Year Period
- $200 - 500 Fine
- 2 to 30 Days in Jail
- 90 Day Alcohol or Substance Abuse Program
- 30 to 120 Day License Suspension
- Possible 48 Hours - 30 Days Community Labor
*If aggravating circumstances present-4 days imprisonment
Second Offense Within a Five Year Period
- $350-500 Fine
- 10 Days-6 Months Community Labor
- 7 Days - 6 Months in Jail
- 1 Yr Alcohol or Substance Abuse Treatment
- 12 to 18 Month License Suspension
*If aggravating circumstances present-14 days imprisonment
Third Offense Within a Five Year Period
- $500 - 1,000 Fine/30 Days-12 Months Jail
- 10 Day-12 Months Community Labor
- 1 Year of Alcohol or Substance Abuse Treatment
- 24 to 36 Month License Suspension
*If aggravating circumstances present-60 days imprisonment |
Fourth Offense Within a Five Year Period
- Class D Felony
- Minimum Term 120 Days Imprisonment Without Probation
- 60 Month License Suspension
- 1 Year Alcohol or Substance Abuse Treatment
*If aggravating circumstances present-240 days imprisonment
Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time:
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
(b) Operating a motor vehicle in the wrong direction on a limited access highway;
(c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080;
(d) Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
(e) Refusing to submit to any test or tests of one's blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section; and
(f) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.
