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DUI Penalties

Like other criminal offenses, a person convicted of driving under the influence (DUI) may be subjected to fines and even jail time. In addition, a DUI conviction carries the potential for other consequences, such as being forced to perform community labor, being ordered into treatment, and of course, having your driver’s license suspended. In many ways, a person convicted of DUI may be subjected to more and harsher penalties than a person convicted of a more “serious” crime.

Below is a brief overview of the penalties that may be assessed for a DUI conviction in Kentucky. The attorneys at Greta Hoffman & Associates help people who have been arrested for DUI in Florence and northern Kentucky. We also have lawyers licensed in the state of Ohio and can help with DUI arrests in Cincinnati and surrounding areas.

First Offense DUI in Kentucky

The penalties a person faces for conviction of a DUI on the first offense include a fine of
$200-$500 and anywhere from two to 30 days in jail. In addition, you can be sentenced to an alcohol or substance abuse program for 90 days, and your driver’s license can be suspended for a period between 30 and 120 days. The judge may also order a period of community labor from 48 hours to 30 days.

All of these penalties increase for subsequent offenses. A fourth offense DUI is a Class D felony and carries a minimum term of 120 days in prison without probation, one year of alcohol or substance abuse treatment, and a five-year (60-month) driver’s license suspension.

When determining whether prior offenses exist, the authorities look back at your record for a five-year period. Offenses which occurred more than five years prior are not counted for this purpose.

Aggravating Circumstances

Kentucky law also lists several aggravating circumstances which, if present, double the minimum amount of jail time that may be required. In addition, for a DUI with aggravating circumstances, these minimum jail times cannot be probated, suspended, conditionally discharged or otherwise allow the offender to be subject to early release. These aggravating circumstances are:

  • Going more than 30 miles per hour over the speed limit
  • Driving the wrong way on a limited access (divided) highway
  • Causing an accident that results in serious physical injury or death
  • Having a BAC of .15% or more within two hours of operating the vehicle
  • Refusing to submit to testing
  • Having children in the car under 12 years old

Any DUI arrest is a serious matter, but if one of these aggravating circumstances are being included in the charges, you will especially want to fight these charges hard and secure a dismissal, acquittal or reduction in charges to avoid mandatory jail time.

Help is Available for Kentucky DUI Arrests

If you have been arrested for drunk driving and charged with DUI in northern Kentucky or Ohio, contact Greta Hoffman & Associates in Florence for immediate assistance.

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