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