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