Can a Kentucky DUI Be Reduced to a Lesser Charge?

DUI and judge's gavel

A DUI (Driving Under the Influence) charge in Kentucky can carry serious consequences. Fines, license suspension, and jail time are all possible penalties if you are charged. 

This is where many drivers wonder: Can a Kentucky DUI be reduced to a lesser charge? If so, could the harsher penalties be avoided?

The answer to that is: it depends on the circumstances, the evidence, and how the case is handled in court. In this article, we will explore when and how a DUI might be reduced in Kentucky. 

Understanding Kentucky DUI Charges

Kentucky law outlines when it’s illegal to operate a motor vehicle, namely:

  • If you have a blood alcohol concentration (BAC) of 0.08% or higher (applies to most drivers). 
  • If you are a driver under 21 and you have any measurable alcohol (0.02%). 
  • If you are a commercial driver and have a BAC of 0.04% or more. 

In Kentucky, a first-offense DUI is typically classed as a misdemeanor, but if there are aggravating factors, penalties can increase. 

Common penalties for a first-offense DUI include:

  • 40 hours to 30 days in jail. 
  • Fines ranging from $200 to $500. 
  • 30 to 120 days of license suspension. 
  • Mandatory alcohol education or treatment. 

Aggravating factors which could increase the penalties are if a child is present in the vehicle, if there has been excessive speeding, or high BAC. 

When a DUI Might Be Reduced

Sometimes, a DUI could be reduced to a less serious offence, such as reckless driving or impaired driving. However, this largely depends on the facts of the case, and on the strength of the prosecution’s evidence. 

Common situations where a reduction may apply are:

  • The BAC test results are very near the legal limit, for example, 0.08-0.09. 
  • The traffic stop or the arrest procedure had constitutional issues, such as lack of probable cause. 
  • The blood test or breathalyzer were not calibrated or administered properly. 
  • The witness statements or evidence handling are weak. 
  • The defendant has a clean driving record and no prior DUI convictions. 

If any of the above circumstances are present, an experienced DUI attorney can effectively negotiate with the prosecutor for a plea to a lesser charge. 

Common Reduced Charges in Kentucky DUI Cases

A DUI reduction most commonly leads to a charge of reckless driving, but other outcomes are also possible, depending on the facts of the case. Examples of lesser charges include:

  • Reckless Driving: This is a traffic offense which avoids DUI penalties like mandatory jail time, but it does carry fines and possible license points. 
  • Impaired Driving or Careless Driving: This is sometimes used in plea negotiations, especially when impairment is suspected but not entirely proven. 
  • Traffic Violations: This happens rarely, but when it does, the DUI could be amended to a non-criminal traffic violation if the evidence is very weak. 

The key thing to remember is that each of the above alternatives carry fewer long-term consequences than a DUI conviction on your record. 

When a Reduction Is Unlikely

Lawyer shaking hands with a client

Not all DUI cases will qualify for a reduction. DUI offenses are taken very seriously by the courts and by prosecutors, especially when there is a risk to public safety. A reduction is less likely if:

  • The driver’s BAC is above 0.15%. 
  • The DUI leads to an accident, injury, or property damage. 
  • The driver refuses to undergo a chemical test (this is implied consent violation). 
  • The driver has previous DUI convictions (within the last 10 years). 
  • Any aggravating factors are present—minors in the car, excessive speeding, or driving the wrong way. 

In any of the above situations, the case will typically proceed under standard DUI penalties. 

Why You Need Legal Representation

Even if you are facing a DUI charge in Kentucky, that doesn’t automatically mean you will be convicted. Having an experienced criminal defense attorney represent you will significantly help your case, as they can review your arrest for any rights violations and negotiate with prosecutors for a reduced charge or for alternative sentencing. 

At Hoffman Walker & Knauf, we provide professional legal representation which ensures your rights are protected as we pursue the best possible outcome in your case. 

Contact us today and schedule a consultation. One of our seasoned criminal defense attorneys will be in touch to discuss your case, help you understand how to challenge DUI evidence, and protect your future.