It is always a good idea to have an experienced attorney review your case to advise you about your best options moving forward. A knowledgeable Kentucky DUI defense attorney can help you understand the … An aggravated DUI is a felony, rather than a misdemeanor, but it can happen on a first offense if these circumstances are present. But this article discusses the minimum and maximum penalties for a second DUI conviction in Kentucky. Call Us 24/7 TOLL FREE: 1-844-4-DUI-GUY OR CALL/TEXT: 502-931-6788 The Lion Building 717 West Market St., Ste. What are aggravating circumstances? The aggravators there would be driving 30 miles per hour or over the speed limit, getting in an accident that causes death or serious physical injury, driving the wrong way on a limited access highway or having a blood alcohol level of 0.15 or greater, but the charge of aggravated offense DUI is not the same in Ohio as it is in Kentucky. Lots of factors can affect DUI sentencing. The following is a brief guide to aggravating circumstances, but be aware that this reflects the law in Kentucky, and other states may have different laws. Again, you can still apply for an IID-based hardship after one year of suspension if you feel you’ve really learned your lesson. Rape of a child under the age of 12 (first degree rape) is a Class A felony. §§ 532.020, 532.060 (2019).) Persistent offender is a class E felony; Aggravated offender is a class D felony; Chronic offender is a class C felony; Habitual offender is a class B felony. Kentucky DUI law states that it is against the law for any person to operate or be in physical control of a motor vehicle while under the influence of alcohol or drugs with a blood alcohol concentration of .08% or greater.. Fourth offense: (Class D felony) Jail time for one to five years. Class B Felonies. 2 Louisville, KY 40202 At least 240 days must be served if it is an aggravated DUI. DUI Offense Penalties. If the driver had a BAC of .15% or greater, had a passenger under 12 years old, caused an injury accident, refused testing, or was excessively speeding, the judge will double the normal minimum jail time. With certain past DUI convictions, an additional conviction can be considered a class A felony. License suspension for 60 months. Montana §§61-8-401, 61-8-711, 61-8-714, 61-8-731 & 61-8-734 KRS 189A.010(5) and KRS 189A.070(1) provides gradations of penalties which depend on whether the driver has been previously convicted of DUI within the past five years. Kentucky has an “implied consent law,” which means that a person can have their driver’s license revoked if they refuse to take an alcohol test requested by a law enforcement officer. Aggravated DUI. Fines ranging from $1,000 to $10,000. Some states have a more serious drunk driving charge often referred to as an aggravated DUI, also known as “extreme DUI” or “felony DUI”. Ann. Laws and penalties for DUI in Kentucky. It is important to note that not all states use the term DUI, but all states do have drunk driving laws. A DUI Fourth Offense charge is a Class D felony, making it the most serious DUI charge in Kentucky. A second-offense DUI (driving under the influence) (also called “DWI”) conviction in Kentucky generally results in a week in jail, a fine, and driver's license revocation. Stat. Class B felonies in Kentucky are punishable by ten to 20 years' imprisonment. To speak with a DUI defense attorney today about your case, call our office at 859-258-2697. In addition to the punishments listed below, DUI offenders incur a … We are ready to help! A Class A felony is punishable by 20 to 50 years in prison, or life imprisonment. A DUI is aggravated if a person is convicted of DUI and any one or more of the following circumstances was present at the time of the DUI: (Ky. Rev. The penalties for a felony DUI offense in Kentucky depend on a variety of elements, including the driver’s history of DUI offenses and whether certain aggravating factors were present.
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