The Legal Partners

You Can Trust

Does getting a second DUI mean you’ll go to jail in Kentucky?

On Behalf of | Jan 5, 2022 | DUI |

Kentucky is strict on driving while impaired, so it is reasonable to be concerned about going to jail if you are accused of a second DUI. DUI penalties will vary depending on if you have a commercial license or not, too.

There are cases when jail time will be mandatory. For example, if you are convicted of a DUI and aggravated circumstances, then you will likely be imprisoned for at least some time. The aggravated circumstances that could result in jail time include:

  • Driving the wrong way on a limited-access highway
  • Having a blood alcohol concentration of .15% or greater
  • Refusing to submit to a Breathalyzer/alcohol intoxication test
  • Driving while impaired with passengers under the age of 12 in your vehicle
  • Driving 30 mph over the speed limit while impaired

Aggravated circumstances do lead to longer minimum jail times, which is something to consider.

Can you go to jail for a second offense?

You can. Kentucky actually sets jail time at 2 to 30 days for a first offense within five years, so for a second offense, you may be sentenced to between 7 days to six months in jail. The minimum sentence is raised to 14 days if you have aggravating circumstances that impact your case.

Since there is such a large range in the amount of time you could be sentenced to jail, it’s extremely important to work on a defense. Even if you cannot get the charges dropped, you should fight for a low sentence, such as a one-month sentence rather than six or the minimum 7-day sentence and a higher fine.

For those who are under 21, the policy that applies will be the same as for those over 21 if their blood alcohol concentration is .08% or higher.

To answer the question simply, you can end up going to jail for a significant amount of time if you’re convicted of a DUI in Kentucky once, twice or even more times. It’s your right to fight back against those charges to minimize the penalties you face and to avoid as much time in jail as possible.