Understanding the Kentucky laws regarding driving under the influence (DUI), also referred to as driving while intoxicated (DWI), is essential to building a strong defense. By understanding how the laws affect your situation, you can make an informed decision regarding your case. That’s one of many reasons to contact the Law Office of Dwight Burton.
The charges you face will depend on how intoxicated you allegedly were, how many previous DUI charges or convictions you have received, and any other aggravating factors involved. Whether you are under age 21 (the legal drinking age) can also impact the severity of your case. With the help of our Bowling Green criminal defense lawyer, Dwight Burton, you can explore legal remedies for the issue.
Blood alcohol content (BAC) is considered to be a reliable measurement of an individual’s level of impairment. BAC is calculated through the chemical testing of a person’s breath, blood or urine.
Penalties for a DUI conviction are very severe and can include a fine beginning at $200 and a minimum 48-hour stay in jail for just a first offense. Kentucky residents may also lose their licenses for a minimum of 30 days upon conviction. The sentence can drastically increase for second and third DWI convictions and for cases involving aggravating conditions. In addition, you may be required to perform community service and attend an alcohol and drug assessment and treatment program.
Below, we’ve answered some questions that many clients have asked regarding their DUI situations.
In Kentucky, the consequences of a DUI conviction get more severe with each offense. For a second DUI within a five-year period, you might see fines from $350 to $500, jail time from seven days to six months and community labor for 10 days to six months. Your license could also be suspended for 12 to 18 months. Penalties increase even more with each repeat offense.
A DUI conviction can significantly impact your driving privileges in Kentucky. After a first offense, you could face a license suspension for 30 to 120 days. Subsequent offenses result in longer suspensions. We discuss this issue in greater detail on our DUI license suspension page.
Not only can a DUI offense affect your permission to drive, but it may also lead to increased insurance rates and/or the requirement to install an ignition interlock device in your vehicle. This device requires you to pass a breath test before the vehicle will start.
Yes, you can challenge both the results of field sobriety tests and the breath test (or alternate BAC test). The accuracy of these tests can be affected by many factors, such as medical conditions or improper administration by the officer. Challenging test results is one of numerous strategies for contesting DUI charges.
By having a Kentucky driver’s license, you have agreed to abide by the state’s “implied consent” laws. Drivers are legally required to submit to a chemical test if ordered by law enforcement. Refusal of the test means that you will lose your driver’s license and will be arrested.
You can, however, refuse to submit to a field sobriety test, which can be an inaccurate measurement of sobriety.
Contact the Law Office of Dwight Burton, PLLC, today to schedule a private case evaluation. Our lawyer can help you fight to get the charges reduced or dismissed. Call 270-904-1087 or email us to begin developing your defense.
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935 E 11th Ave.
Bowling Green, KY 42101