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What does a DUI charge entail in Kentucky?

On Behalf of | Dec 12, 2023 | DUI |

In Kentucky, the term DUI generally refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. However, it’s essential to note that even a BAC below this limit can lead to charges if impairment is evident or if the driver is underage or operating a commercial vehicle.

Additionally, the state’s laws prohibit a driver from getting behind the wheel when they’re under the influence of any controlled substance like methamphetamine and cocaine, alcohol or any combination of them.

Implied consent law

The state follows an implied consent law, meaning that drivers automatically consent to chemical testing (breath, blood or urine) if they are arrested for suspected impairment. Law enforcement officials use chemical tests to determine the level of alcohol in the system of a driver they suspect of a DUI offense.

Refusing these tests may result in the immediate suspension of your driver’s license, and the suspension period could be as long as 30 days. Furthermore, refusing a lawfully requested chemical test can come back to bite you. For starters, this can enhance the penalties of a DUI charge; you may expose yourself to a longer minimum mandatory jail time. Additionally, any defendant who refused testing and then got charged with a DUI offense may not plea to a lesser offense.

Kentucky DUI penalties

When a driver gets convicted of driving under the influence, the judge overseeing their case penalizes them within state-determined guidelines. The severity of DUI penalties in the state hinges on the number of prior offenses a driver has had within the past ten years. Please note that even out-of-state DUI convictions will be considered.

Navigating a DUI charge requires an understanding of the legal obligations and potential consequences involved. As a result, seeking legal representation promptly is crucial to building a robust defense strategy.