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Bates Law Office Kentucky

How Exactly Is A DUI Defined Under Kentucky State Law?

The statutes that define DUI law in Kentucky are lengthy. However, a DUI is basically defined as: operating or being in control of a motor vehicle anywhere in the state of Kentucky while having a blood alcohol content (BAC) of 0.08% or higher if you’re an adult (if you’re a juvenile, you can get a DUI if you have a BAC of 0.02% or higher); If you’re under the influence of any substance or combination of substances that impairs your ability to drive, such as alcohol, illegal drugs, prescription drugs, and controlled substances, you can get a DUI. At the end of the statute, there are several specifically enumerated controlled substances listed. If any of those substances are in your blood, that’s enough for a DUI…Read More

What Are The Typical Sentences For First Time And Multiple DUI Convictions In Kentucky?

Sentences for DUIs can vary widely depending on the facts and circumstances of the cases. It will also depend on the jurisdiction in which the offence occurred. However, it’s typical to avoid incarceration other than the original arrest on a DUI first. Other than the night of the arrest on a run of the mill first offense, the likelihood of incarceration is relatively minimal. But, the chances of incarceration increase greatly if there are damaging facts or aggravating factors. There are aggravating factors that are enumerated in the statute. For instance, some aggravating factors include having a child under 12 in the vehicle, if your blood alcohol content is .15% or higher, if you were pulled over for speeding over 30 miles an hour, if an accident was caused, and if an accident resulted in death or serious physical injury. Other factors can impact a prosecutor’s feelings about the case and impact the offer that you get from the prosecutor. This is a reason why having a knowledgeable attorney on your side can make a significant difference in your case, even when you plead guilty. But generally, a defendant is looking at up to 30 days on a DUI first. On a second DUI within 10 years, a defendant faces seven days to six months. On a third DUI, a person can face 30 days to 12 months. A fourth DUI is a felony, and it can result in one to five years in prison. Some of the jail term is mandatory depending on the situation. It’s very fact specific. In other words, it really depends on the case and the negotiation to determine how much time you get…Read More

Eric Bates, Esq.

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