Kentucky DUI Lawyer, Kentucky DUI Laws

Kentucky DUI Lawyer - Kentucky DUI Laws

Kentucky drunk driving cases are referred to as Kentucky OVI (operating a vehicle while intoxicated), Kentucky DUI (driving under the influence of alcohol), or Kentucky OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Kentucky Revised Code.

Kentucky drunk driving arrests trigger two separate cases: the court case, where penalties include jail time, fines, mandatory classes, and more; and the Kentucky Bureau of Motor Vehicles case, where the arrestee's driving privileges are at stake.

URGENT: IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN CHARGED WITH ANY TYPE OF MICHIGAN DRUNK DRIVING OFFENSE, WHETHER OMVI, DUI, OVI, OR ANY OTHER TYPE OF DRINKING AND DRIVING CASE, THE LAW LIMITS THE AMOUNT OF TIME YOU HAVE TO CONTEST THE AUTOMATIC SUSPENSION OF THE DRIVER'S LICENSE. CONTACT A LAWYER RIGHT AWAY.

Kentucky DUI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs or combination of the drugs and alcohol that impairs their physical or mental abilities to an appreciable degree. This offense does not require proof of any specific amount of alcohol in your system; therefore, you don't have to take the blood, breath, or urine test to be convicted of this offense.

Kentucky drunk driving law also makes it illegal to operate a motor vehicle with a specific level of alcohol in your system: .08% as determined by blood, breath, or urine testing. These are called per se offenses, and they have nothing to do with alcohol interfering with the driver's physical or mental abilities. They are based purely on body chemistry.

In order to be convicted of a drinking and driving offense in Kentucky, the defendant's guilt must be proven beyond a reasonable doubt. This means that the prosecutor has the burden of proving each element of the crime to the exclusion of every reasonable doubt, and in the case of a reasonable doubt as to any element, the accused is entitled to a verdict of not guilty.

What are the elements of Kentucky DUI cases? Each aspect of a Kentucky OMVI case must be analyzed to determine if the prosecutor can meet his or her burden. This will depend on the type of evidence the prosecutor can introduce on each of the following points.

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in Kentucky. Many cases in Kentucky have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense.

"Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions.

"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible.

Highlights of Kentucky's DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Kentucky, contact an attorney in your area to determine you rights and responsibilities.

Source: KRS Chapter 189A

Punishment In Kentucky DUI/OMVI/OVI Cases

The sanctions and penalties for each offense depend upon the prior criminal record, traffic record, prior DUI convictions, level of alcohol, and specific facts of the individual case. That's why it is so important to contact a lawyer that concentrates on defending DUI, OMVI, or OVI cases.

Note: Because of the severity of these charges, consulting a DUI defense attorney is critical.

Punishments for Kentucky DUI

	OUIL/OWI/OUID	OWI - Death	CDL	Zero Tolerance
Jail	up to 93 days	Up to 15 years	up to 93 days	n/a
Fine	$100-$500	$2500 - $10000	up to $300	up to $250
Community Service	up to 45 days	n/a	n/a	up to 60 days
License	30 suspended	1 year revocation	1 year CDL	30 day restoration
Plate Confiscation	none	none	none	none
Immobilization	up to 180 days	up to 180 days	up to 180 days	none

BAC Test Refusal Punishments

BAC Test refusal carries an administrative penalty with suspension periods of 1 year for a 1st offense, 2 years for a 2nd offense within 5 years, 3 years for a 3rd offense within 5 years, and 5 years for 4th or subsequent offenses. A suspension for refusal will not be terminated if a person is found "not guilty" of a DUI Offense. The penalty for BAC test refusal is less than the penalty for a drunk driving convinction.