Kentucky
Drunk
Driving
Laws -
KY DUI
Laws
DWI/DUI
is an
abbreviation
of
driving
while
under
the
influence
of
intoxicants
(alcohol)
or of
any substance
or
substances
which
impair
driving
ability.
Other
substances
can
include
illegal
drugs, prescription
drugs,
inhalants
such
as
glue
and/or
over
the
counter medications.
Kentucky's
DUI
law
has an
"Illegal
Per
Se"
provision.
"Illegal
Per
Se"
(On
the
face of
or by
itself)
means
it is
illegal
to
drive
with a
blood
or
breath
alcohol
content
of
0.08
or
higher.
Prosecutors
no
longer
have
to
prove
defendants
were
impaired
if
they
are
being
tried
for
the per
se
clause
of
K.R.S.
189A.010.
Requires
that
test
be
given
within
2
hours
of
operation
of
motor vehicle
for
results
to be
admitted
into
evidence
in per
se DUI
prosecutions.
*Operators
can be
convicted
at
levels
lower
than
.08
based
on
other
evidence
which
indicates
impairment.
*Commercial
vehicle
drivers
operating
commercial
vehicles
are
deemed
to be
under
the
influence
at a
breath
or
blood
alcohol
level
of
.04.
Commercial
vehicle
operators
may
also
be
placed
out of
service
for 24
hours
for
any
detectable
amount
of
alcohol
or
controlled
substance
in
their
system.
KRS
281A.210
The
changes
in the
new
DUI
law
(Effective
10/01/00)
establishes
minimum
jail
times
(which
cannot
be
probated,
suspended,
conditionally
discharged
or
otherwise
subject
to
early
release)
if
convicted
of DUI
and
aggravating
circumstance(s)
exist:
Aggravating
Circumstances
(KRS
189A.010
[11])
Result
in
higher
minimum
jail
time:
1.
Over
30 mph
over
speed
limit
2.
Wrong
way on
limited
access
highway
3.
Causes
accident
resulting
in
death
or
serious
physical
injury
4.
Alcohol
level
of .18
or
more
within
2
hours
after
operating
5.
Refusal
to
submit
to
testing
6.
Transporting
passengers
under
12
years
of
age
DUI
PENALTIES
First
Offense
Within
a Five
Year
Period
$200
- 500
Fine
2
to 30
Days
in
Jail
90
Day
Alcohol
or
Substance
Abuse
Program
30
to 120
Day
License
Suspension
Possible
48
Hours
- 30
Days
Community
Labor
*If
aggravating
circumstances
present-4
days
imprisonment
Second
Offense
Within
a Five
Year
Period
$350-500
Fine
10
Days-6
Months
Community
Labor
7
Days -
6
Months
in
Jail
1
Yr
Alcohol
or
Substance
Abuse
Treatment
12
to 18
Month
License
Suspension
*If
aggravating
circumstances
present-14
days
imprisonment
Third
Offense
Within
a Five
Year
Period
$500
-
1,000
Fine/30
Days-12
Months
Jail
10
Day-12
Months
Community
Labor
Year
Alcohol
or
Substance
Abuse
Treatment
24
to 36
Month
License
Suspension
*If
aggravating
circumstances
present-60
days
imprisonment
Fourth
Offense
Within
a Five
Year
Period
Class
D
Felony
Minimum
Term
120
Days
Imprisonment
Without
Probation
60
Month
License
Suspension
1
Year
Alcohol
or
Substance
Abuse
Treatment
*If
aggravating
circumstances
present-240
days
imprisonment
IMPLIED
CONSENT
Implied
Consent
applies
to any
person
who
operates
or is
in
physical
control
of a
motor
vehicle
or
a vehicle
that
is not
a
motor
vehicle
anywhere
in
Kentucky.
Implied
Consent
means
that
when a
person operates
or is
in
physical
control
of a
motor
vehicle
or a
vehicle
that
is not
a
motor
vehicle
as
defined by
statute
in
Kentucky
they
have
been
deemed
to
have
given
consent
to one
(1) or
more
tests
of
blood, breath
and
urine,
or
combination
for
the
purpose
of
determining
alcohol
concentration
or
presence
of
a substance
which
may
impair
one's
driving
ability.
Only
through
a test
of
blood,
breath
or
urine
can alcohol
levels
be
accurately
measured.
The
breath
test
is
precise
and
efficient
in
measuring
BRAC.
It
analyzes
a
breath
sample
to
determine
the
amount
of
alcohol
in the
breath.
A
blood
test
measures
the amount
of
alcohol
in the
blood.
(Alcohol
concentration
means
either
grams
of
alcohol
per
100
milliliters of
blood
or
grams
of
alcohol
per
210
liters
of
breath)
License
Suspension
for
Refusal
to
Take
Alcohol
or
Subsequent
Tests
It
should
be
noted
that
all of
the
offenses
listed
below
are
for
refusals
within
a five
year
period.
1st
Offense
30 to
120
Days
3rd
Offense
24 to
36
Months
2nd
Offense
12 to
18
Months
4th
Offense
or
subsequent-60
Months
Whether
you
are
found
guilty
or
innocent
of the
DUI
charge,
you
will
remain
answerable
for
the
Refusal and
risk
license
suspension.
BAC
-
Stands
for
Blood
Alcohol
Concentration
and
refers
to the
amount
of
ethyl
alcohol
in the
blood.
BRAC-
Stands
for
Breath
Alcohol
Concentration
and
refers
to the
amount
of
ethyl
alcohol
in the
breath.
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