Stopped for DUI in Kentucky: 6 Things to Know
Kentucky has fought DWI laws that are even more severe when certain aggravating circumstances are involved in the arrest. The aggravating factors include: driving 30 mph over the limit; driving on the wrong way of a limited access highway; causing an accident with an injury or death; having a blood alcohol concentration (BAC) of .15 or above; refusing a chemical test and having a passenger under the age 12. While a first offense DUI usually does not involve a jail sentence, if an aggravating factor is present a minimum of 4 days in jail must be served. That increases to a minimum of 14 days for a second offense and a minimum of 60 days for a third offense. A jail sentence due to aggravating circumstances is not eligible for probation and cannot be shortened in any way.
If you are stopped for DUI in Kentucky, whether or not aggravating circumstances are involved, here are 6 things you should know.
1. Implied consent and sobriety testing
What is the Implied Consent Law in Kentucky? Every driver, by accepting a driver’s license, consents in advance to a chemical test if requested by a law enforcement officer with probable cause to suspect the driver is impaired. An officer who stops and then arrests a driver for suspicion of DWI generally requests that a blood, urine or breath test be conducted at a police station to determine the driver’s BAC. A driver in Kentucky can refuse a field sobriety test, which is not covered by the Implied Consent Law. Many DWI defense attorneys say the field sobriety test is flawed and can lead an officer to conclude a driver who is sober is impaired. A driver is free to refuse the field sobriety test without any negative consequence.
2. Refusing the chemical test
Some drivers believe that refusing to submit to a chemical test leaves the state without any evidence. However, DWI attorneys say it is common for drivers to be convicted even without the results of a test revealing the blood alcohol content. In fact, attorneys say prosecutors will use the decision to refuse the chemical test as evidence of the driver’s guilt. In addition, prosecutors will introduce evidence from the police officer to support the contention that the driver was impaired. On top of perhaps being convicted, refusing a chemical test violates the Implied Consent Law and leads to a minimum 30-day license revocation for a first offense. That revocation is doubled if the driver is convicted of DWI.
3. Expect to be on camera
All the world may be a stage, but a DUI stop is a one place where drivers should not put on any performance of any type, according to DWI defense attorneys. More and more stops are being filmed – sometimes with cameras installed in the officer’s uniform and sometimes from a camera inside the vehicle. Prosecutors will analyze that video for any evidence to suggest the driver was impaired. Unfortunately, a sober driver can appear impaired by being too chatty or stumbling around – even though the real issue may have been that it was dark outside. Be courteous and polite if stopped for DUI but say and do as little as possible and do not consent to a search of your vehicle – that can only happen if you give the officer permission, according to DUI attorneys. You should, however, get out of your car, if the officer asks.
4. More than .08 to worry about
The smartest course of action is not to drink at all if you are going to drive. But it’s still important to know there are several different legal limits for different classes of drivers in Kentucky. The normal .08 BAC limit is in place for most adult drivers. However, the limit is only .04 BAC for anyone with a commercial driver’s license. The law is strictest for drivers under the age of 21. The legal limit is just .02 BAC. For many young people, that can be reached with a single drink, according to experts.
5. DUI penalties in Kentucky
If you are convicted of a first-offense DUI in Kentucky, your license with be suspended for up to 90 days; jail time is unlikely unless aggravating factors were present, and you will have to pay a fine between $600 and $2,100. Those penalties are increased for a second offense within 5 years. The fine is between $1,100 and $5,100 with a driver’s license suspension of up to 1 year and up to 5 days in jail. Driving impaired becomes a felony for a fourth conviction within 5 years with up to 5 years in prison and a fine of up to $10,000.
6. Total cost of a DUI in Kentucky
Your savings will be hit hard with a conviction for DUI in Kentucky. Expect to pay $150 to as much as $2,500 for bail. Fines for a first offense average a little more than $700 while an ignition interlock device will cost between $1,000 and $1,200 for a year. The blood test costs $400 and retrieving your impounded vehicle will cost between $100 and $500. The biggest costs, however, are for legal fees and insurance. A criminal defense attorney could cost between $1,500 and $10,000, depending on your case and the qualifications of your attorney. The cost of insurance will double or triple and stay at that level for at least three years – at a yearly cost of as much as $2,000.
This article is for informational purposes only. If you need legal advice you should consult an attorney.