DUI / OVI / OWI in Kentucky

If you have been arrested for driving under the influence of alcohol or other intoxicating substances, call the attorneys at Hoffman Walker & Smith today. The DUI Laws in Kentucky are complex. You need experienced attorneys to help you navigate the criminal justice system to obtain the best possible result for you. The Northern Kentucky Criminal Defense Attorneys at Hoffman Walker & Smith will help you determine whether you should prepare a defense against the charges you face or try to find an alternative method to minimize the damage that a DUI conviction could have on your employment and personal life.

Why Should I Hire a Criminal Defense Attorney?

Sometimes people accused of DUI believe that an attorney cannot help them since the BAC (Blood Alcohol Concentration) test showed they were over the legal limit. However, an experienced attorney can provide the following:

  • Alternative options as opposed to pleading guilty.
  • Obtaining a hardship license for you so you can drive back and forth to work.
  • Requesting proof of the evidence from the prosecutor.
  • A strong legal defense (such as an improper traffic stop or illegal search and seizure).
  • The ability to negotiate with the prosecutor on your behalf.
  • The benefit of knowing how each Judge usually operates and tailoring your defense as needed.

DUI Law – Persons Over 21

You can be charged with a DUI not only for alcohol, but also for taking medications such as Xanax, Adderall, Suboxone, pain medications, and other controlled substances.

The legal intoxication limit for persons over the age of 21 is 0.08% blood alcohol contact (BAC). The specific amount of BAC per drink depends on factors such as age, gender, body type, metabolism, and several other factors. In general, one standard drink will raise the average person’s BAC by at least 0.02%.

You can still be charged with a DUI if your BAC is between 0.05%-0.08% The police will consider other evidence, such as your sobriety tests, to help determine whether or not they believe you should be charged. In this scenario it is particularly helpful to have an experienced attorney represent your rights.

  • A standard drink is 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of liquor.
  • Having 3-4 drinks could make you over the legal limit, even if you do not feel intoxicated.

The police have two (2) hours after you have stopped operating a vehicle to perform a BAC test on you.

Penalties for DUI in Kentucky

Penalties for the conviction of driving under the influence can include:

  • First conviction:
    • Fines of $200 – $500, plus court costs
    • Jail time of 2 – 30 days
    • Community service
  • Second conviction:
    • Fine of $350 – $500, plus court costs
    • Jail time of 7 days – 6 months (greater if aggravated offense)
    • Community service for 10 days – 6 months
  • Third conviction:
    • Fines of $500 – $1,000
    • Jail time of 30 days – 1 year (greater if aggravated offense)
    • Community service for 10 days – 1 year

After the fourth conviction or more within 5 years, you can be charged with a Class D Felony and sentenced to more than 240 days in jail.

Underage DUI

The laws for persons under 21 are different, and having just one drink can lead to a DUI conviction and possibly a revocation of your license.

Let the experienced and caring attorneys of Hoffman Walker & Smith help provide the best defense possible so we can minimize the disruption to your life and help you get back on track.


p. (859) 371-2227

7348 US 42, Suite 202, Florence, KY 41042

Hoffman Walker & Smith is located in Florence, KY and serves clients in and around Erlanger, Florence, Ft Mitchell, Burlington, Union, Hebron, Independence, Walton, Covington, Kenton, Latonia, Petersburg, Newport, Morning View, Verona, Fort Thomas, Bellevue, Silver Grove, Dayton, Boone County, Campbell County, Gallatin County, Grant County, Kenton County and Pendleton County.

The information and materials on this Web site are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.