Kentucky DUI Laws: Penalties for a First Offense

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Driving under the influence (DUI) in Kentucky is considered a serious offense – even if it’s a first one. 

Under Kentucky Revised Statutes (KRS) §189A.010, DUI is defined as driving or physically controlling a vehicle whilst under the influence of alcohol, drugs, or any other impairing substance. 

In this article, we will explore what exactly counts as a DUI, what penalties are in place for when it’s a first offense, and how a defense attorney can help you in protecting your record and your driving privileges.

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What Counts as a DUI in Kentucky?

As a driver, you can be charged with DUI if:

  • Your Blood Alcohol Concentration (BAC) is 0.08% or higher (this applies to most adult drivers). 
  • You are under the influence of alcohol or drugs to an extent which impairs your driving ability. 
  • If you are a commercial driver, your BAC limit is 0.04%. 
  • If you are a driver under the age of 21, your BAC limit is 0.02%, and anything higher can result in an underage DUI charge. 

According to Kentucky’s “per se” law, driving with a BAC above the legal limit is automatically considered a DUI – and proof of impairment is not required. 

Penalties for a First-Offense DUI in Kentucky

A first-offense DUI (within a 10-year period) will carry both criminal and administrative penalties under KRS §189A.010(5)(a). 

The criminal penalties are:

  • Jail time: ranging from 48 hours to 30 days, however the judge may award community service instead. 
  • Fine: $200 to $500, plus court costs and service fees. 
  • License suspension: 6 months (may be reduced to 4 months with successful participation in the Kentucky Ignition Interlock Program for 90 consecutive days).
  • Substance abuse program: In this case, it’s mandatory to participate in an alcohol or drug education or treatment program. 

There are aggravating circumstances which will increase the minimum penalties. Those are:

  • Driving 30 mph over the limit.
  • Causing an accident involving an injury or death. 
  • Driving with a passenger under the age of 12. 
  • Refusing a breath or blood test. 
  • Having a BAC of 0.15% or higher. 

If there are any aggravating circumstances present, jail time may double, or it could include a mandatory minimum of four days. 

Administrative License Suspension

Court penalties aside, the Kentucky Transportation Cabinet can suspend your driver’s license administratively after a DUI arrest. 

If you fail a chemical test, where your BAC is 0.08% or higher, the court will proceed with the criminal penalties. Refusing a chemical test results in an immediate administrative license suspension, separate from the post-conviction suspension, and acts as an aggravating factor that increases minimum jail time upon conviction.

Drivers may be eligible for an Ignition Interlock Device (IID) program in order to regain some limited driving privileges during the suspension. Typically, you would have 10 days to request a hearing to challenge the suspension, so prompt legal action is crucial.

Possible Defenses to a First-Offense DUI

Being charged with a DUI does not automatically mean conviction. Some of the most common defenses include:

  • Improper traffic stop – if the officer cannot establish probable cause. 
  • Faulty chemical testing – breathalyzer or blood tests have to be properly calibrated and administered. 
  • Medical or environmental factors – some conditions can potentially mimic symptoms of intoxication.
  • Violation of rights – any errors during the arrest or questioning.

This is where an experienced Kentucky DUI attorney can help you. They can evaluate those factors and work to reduce your charges or have them completely dismissed, when possible. 

Long-Term Consequences of a First DUI

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Even if it’s your first conviction, a DUI can have long-lasting effects, such as:

  • Higher auto insurance premiums.
  • Employment difficulties, particularly relevant to commercial drivers or licensed professionals. 
  • The potential for a criminal record to be visible in background checks. 
  • Increased penalties for any future DUI (within 10 years). 

In order to protect your long-term future and your driving record, it’s crucial to avoid or mitigate a first-offense conviction. 

How Hoffman Walker & Knauf Can Help

We at Hoffman Walker & Knauf understand how complex the law is on DUI in Kentucky, and we are experienced in navigating both court and administrative processes. We can review the evidence for any errors, negotiate on your behalf for reduced penalties or for alternative sentencing, and we can represent you at hearings. 

Our skilled legal guidance can make a significant difference in the outcome of your first DUI offense. 

In case you or a loved one has been charged with a DUI in Kentucky, don’t hesitate to contact Hoffman Walker & Knauf today and benefit from seasoned, results-driven legal representation. 

Let’s work together in pursuing and securing the best possible outcome for your case.