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