Is Hiring a Kentucky DUI Lawyer is Imperative?

By: Andy Taylor

Kentucky DUI Law: Kentucky uses two theories to find liability in drivers suspected of DUI. The first of these is the per se theory of intoxication. Under the per se rule, any person with a blood alcohol level that exceeds .08% is per se guilty of violating the state's prohibition against driving while intoxicated. The per se rule is a little tricky, since it does not take into account the state of the driver at the time of the arrest. Proof of per se intoxication is typically obtained through blood or breath testing, although the police may request a urine test if they believe it is the best means of ascertaining the arrestee's level of intoxication.

New bill would lower high blood-alcohol threshold for aggravated drunk driving in Kentucky. A member of the Kentucky State Senate has introduced legislation that would lower the blood-alcohol level for aggravated drunk driving. Kentucky drunk driving laws establish .08% BAC as the threshold of legal intoxication. Currently a BAC of .18% or higher is considered an aggravated offense subject to additional penalties. Senate Bill 71 would establish .15% BAC as the new threshold for aggravated DUI. Under the legislation, a highly intoxicated first offense driver would be required to spend a minimum of four days in jail. The bill also increases the penalties for drivers caught driving under the influence of drugs. The bill has passed the Senate Judiciary Committee and will soon be introduced to the full Senate of the Kentucky General Assembly.

DUI Penalties in Kentucky: The criminal penalties associated with driving under the influence in Kentucky become more severe with each offense a person accumulates. The look-back period is helpful in determining if an offender will face penalties for a first offense or a subsequent offense. The penalties for a first DUI offense in Kentucky are a $200 to $500 fine, a service fee of $250, 48 hours to 30 days in jail, not less than 48 hours and not more than 30 days of community service if the offender is eligible, driver’s license suspension of 30 to 120 days, and 90 days of alcohol or drug assessment and treatment. An offender is eligible for a restricted work permit after 30 days of a suspension. Second offenses result in harsher penalties including $350-$500 in fines, $200 in service fees, seven days to six months in jail, not less than 10 days and no more than six months of community service, one year of alcohol and drug assessment and treatment, and 12 to 18 months of license suspension. A third DUI offense in Kentucky results in penalties including a fine of $500 to $1,000, 30 days to 12 months in jail, not less than 10 days and no more than 12 months of community service, 24 to 36 months of license revocation, and one year of mandatory alcohol and drug treatment and assessment. A fourth DUI offense is a class D felony in Kentucky. The offender must serve a mandatory 120 days of a jail sentence that may be from one year to five years in length. The offender’s license will be revoked for 60 months and he or she will have to undergo alcohol and drug assessment and treatment for one year.

Kentucky DUI Lawyer: Kentucky considers driving under the influence a criminal offense that is punishable with both criminal and administrative penalties. Because driving under the influence can result in penalties that are difficult to face when you’re trying to live a normal life, hiring a Kentucky DUI lawyer is imperative if you have been arrested and charged with driving under the influence. Having a skilled Kentucky DUI lawyer representing you will give you the best chance for successfully defending yourself against these charges and keeping your reputation intact. Your Kentucky DUI/DWI lawyer will be familiar with the latest developments on DUI/DWI laws in the state, and can use this knowledge to provide you with the expertise you need to help you avoid costly fines, loss of licence, or even a custodial sentence.

About the Author

Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.



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