| "What Is Kentucky's DUI Law? What Does It Mean? | | | | How Can I Clear My DUI Record?you may have |
| DWI/DUI is an abbreviation of driving while under the | | | | some options available to clear your record. Your first |
| influence of intoxicants (alcohol) or of any substance | | | | option after a DUI conviction is to seek a new trial |
| or substances which impair driving ability. Other | | | | from the court. If there was an error in the admission |
| substances can include illegal drugs, prescription drugs, | | | | of evidence at your trial or some other procedural |
| inhalants such as glue, gasoline, spray paint etc., and/or | | | | problems, your attorney can ask the court for a new |
| over the counter medications. Kentucky's DUI law has | | | | trial. If the judge grants your request for a new trial, |
| an ""Illegal Per Se"" provision. ""Illegal Per Se"" (On the | | | | you will be allowed to present your entire case again, |
| face of or by itself) means it is illegal to drive with a | | | | this time before a new jury. If you're found not guilty |
| blood or breath alcohol content of 0.08 or higher. | | | | after your second trial, then your record will be cleared |
| Highlights of Kentucky's DUI Law | | | | and the legal effect would be as if you never were |
| Here are highlights from Kentucky law on driving under | | | | convicted. If the judge refuses to grant you a new trial, |
| the influence (KRS Chapter 189A). Legal terms | | | | or you lose at your second trial, you may be eligible to |
| associated with drunk driving in Kentucky. | | | | appeal your DUI conviction. If there is an error of law |
| 'Per Se' BAC Level: .08 | | | | at your trial, or the jury completely disregarded the |
| Zero Tolerance BAC Level: .02 | | | | facts, you may have grounds for an appeal. An appeal |
| Enhanced Penalty BAC Level: .18 | | | | involves filing briefs with the court and an oral |
| Implied Consent Law: Yes | | | | argument-you will not be required to appear or |
| License Suspension 1st Offense: 30 days | | | | participate in the appeal. If your appeal is successful, |
| License Suspension 2nd Offense: 1 year | | | | your conviction will be reversed, and your record will |
| License Suspension 3rd Offense: 2 years | | | | be cleared. |
| Mandatory Jail Time after 2nd offense: Yes | | | | The Truth about Lawyers - Even though lawyers are |
| Mandatory Alcohol Education: Yes | | | | the brunt of a lot of jokes out there, they really are in |
| Mandatory Assessment/Treatment: Yes | | | | the legal industry to help you. You could hire one of the |
| Possible Ignition Interlock: Yes | | | | most expensive lawyers out there to represent you |
| Possible Vehicle Confiscation: Yes | | | | for your DUI case, and you will still pay less money to |
| Hardship License while license suspended: No | | | | him than you would to the court system. If you had the |
| Open Container Law: For driver and passenger | | | | option to pay a certain amount of money to the court, |
| These are highlights of the main provisions of | | | | have your license taken away, have to go to jail and |
| Kentucky law pertaining to drunk driving. Other factors | | | | spend a weekend at a conference where they |
| can increase the penalties for drunk driving, such as if | | | | describe to you how bad drinking and driving is... OR, |
| an injury or death occurred, or if a child was | | | | pay a lawyer a smaller amount of money, have a |
| endangered. | | | | good chance of keeping your license, have a better |
| Source: KRS Chapter 189A | | | | chance of having the DUI dropped and to stay out of |
| Another Important Fact to Know: 90% of DUI arrests | | | | jail, wouldn't that be better? |
| occur between 10PM and 3AM. | | | | |