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Kentucky OVI Lawyers

DUI

State of KY Information.

 

Kentucky Drunk Driving Attorneys

Motorists in Kentucky can be charged with five different DUI violations. Kentuckys different types of DUI are:

(1) operating or in physical control of a motor vehicle under the influence of alcohol;

(2) operating or in physical control of a motor vehicle with a prohibited alcohol concentration;

(3) operating or in physical control of a motor vehicle while under the influence of any other substance which impairs driving ability;

(4) operating or in physical control of a motor vehicle while under the influence of a combination of alcohol any substance which impairs driving ability; and

(5) if under 21 years of age and operating or in physical control of a motor vehicle with a prohibited alcohol concentration. The Kentucky DUI laws cover operating or physical control of a motor vehicle "anywhere" in the state, which includes private property.

DUI First Offense

Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.)

Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be assessed, the penalty not assessed can be suspended, probated or subject to conditional discharge or early release. For example, a judge can impose a fine of between $200.00 and $500.00 plus 48 hours in jail and probate or conditionally discharge the jail term.

Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.

License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated. Any non-resident drivers home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-residents license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-residents home state. A "not guilty" verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition.

Alcohol and Drug Assessment and Treatment: Ninety days.

DUI Second Offense

Fine: $350-$500 (plus statutory service fee of $200.00 and other miscellaneous costs.)

Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.

Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.

Alcohol and Drug Assessment and Treatment: One year.

License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.

DUI Third Offense

Fine: $500-$1,000.

Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.

Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.

License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.

Alcohol and Drug Assessment and Treatment: One year.

DUI Fourth Offense

Fine: $1,000-$10,000.

Jail: Class D felony. One to five years. At least 120 days of the sentence must be served.

License Revocation: 60 months. No hardship license.

Alcohol and Drug Assessment and Treatment: One year.

DUI Under 21 years of age if alcohol concentration is greater than 0.02 and less than 0.08

Fine: $100-$500.

License Revocation: Thirty (30) days to six (6) months.

Community Service: Up to twenty (20) hours in lieu of a fine.

Alcohol and Drug Assessment and Treatment: Ninety days.

PRACTICAL TIP: No other penalties established pursuant to the Kentucky DUI statutes shall be imposed, such as jail and the $250 service fee. This type of DUI cannot be used for enhancement purposes. If the alcohol concentration in the under-21 driver is above 0.08, the driver is exposed to the same penalties as an adult.

Aggravating Factors

The new DUI law in Kentucky, effective October 1, 2000, establishes a list of six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions.

The aggravating factors are:

(1) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
(2) Operating a motor vehicle in the wrong direction on a limited access highway;
(3) Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
(4) Operating a motor vehicle while the alcohol concentration in the operators blood or breath is 1.5 or more as measured by a test or tests of a sample of the operators blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
(5) Refusing to submit to any test of ones blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws;
(6) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

Mandatory minimum jail sentences for a DUI with an aggravating
factor are:

First Offense: Four days;
Second Offense: 14 days;
Third Offense: 60 days; and
Fourth Offense: 240 days.

The aggravating factors do not apply to under-21 DUIs. There is no prohibition on dismissal by the prosecution of the aggravated circumstance to avoid the minimum mandatory sentence. For a first offense, the aggravating factor must be present at the time of operation of the motor vehicle. This excludes imposition of the mandatory minimum jail sentence for refusals since refusals cannot occur at the time of operation of a motor vehicle.

OVI in

The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation

Ohio Revised Code 4511.19

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