A person can be arrested on a first offense DUI charge in Kentucky in two ways. The first is for driving under the influence of alcohol or drugs while your ability to properly operate a motor vehicle has been impaired, in this case it is not necessary to be above the legal limit to be arrested.
The second way a person can be charged for first offense DUI in Kentucky is for violating the Kentucky "per se" law, which states that it is against the law for anyone to operate a motor vehicle within the state of Kentucky with a BAC level of .08% or greater, in this case it is not necessary for the person to display signs of impairment. The fact that their BAC level is at or above the legal limit is grounds for arrest.
The consequences a person will be facing for driving under the influence in Kentucky are quite severe. Kentucky DUI defense is a very specialized area of law that requires the skills of an experienced Kentucky DUI lawyer to have a successful outcome to a case. Contact our team of skilled Kentucky DUI lawyers today.
The fine amount for a first offense DUI in Kentucky will be between $200 - $500, an additional service charge of $375, plus all associated court costs. First time offenders are also subject to 2 to 30 days in jail. All or part of the jail sentence and/or the imposed fine amount may be waived by the court in exchange for 2 to 30 days of community service.
If there were aggravating circumstances such as: 30 mph over the posted limit, going the wrong direction, causing an accident resulting in death or serious bodily injury to another person, BAC level of .18% or greater, refusal to submit to a chemical test, or transporting a passenger under the age of 12 at the time of arrest; the offender will face a minimum of 4 days in jail.
You will also be required to attend a alcohol or substance abuse program approved by the state. First time offenders over the age of 21 will have their driver's license suspended for between 30 and 120 days. The court has the authority to issue a hardship license to first time offenders if the suspension period is longer than 30 days.
Before the DMV will reinstate your driver's license following your suspension period you will be required to maintain an SR22 insurance filing with them. You may obtain an SR22 insurance policy and filing by entering your zip code in the box below and completing the short form on the following page:
In order to be granted a hardship license the offender will need to prove to the court that a longer suspension period will create undo hardship upon the offender, and that the offender has no other means of transportation, whether it be public transit, or family and friends. First time offenders who refused to submit to a chemical test will not be eligible for a hardship license.
First time offenders under the age of 21 will face a fine amount of $100 to $500, plus court costs. They will have their driver's license revoked for 1 to 6 months. Be required to attend an alcohol assessment program for 90 days. The court has the authority to waive any or all of the fine amount in exchange for community service.
In order to be granted a hardship license or following your suspension period the Kentucky Division of Driver Licensing will require you to complete an SR-22 filing with them before you will receive your hardship license or to have your license reinstated following your suspension. The DDL will require you to comply with the SR-22 filing requirement for a period of 3-years following a first or subsequent offense DUI.
The SR-22 filing will be completed by your chosen Kentucky auto insurance provider. An SR-22 filing is basically an agreement between your insurer and the Division of Driver Licensing that states that your insurance company will inform the Division if you fail to keep your SR22 insurance policy current. Your driver's license will be cancelled by the Division if this happens. Upon cancellation, the Division will mail you a letter informing you of the cancellation and what must be done to reinstate your license.
If your license is cancelled you will be required to re-file your SR-22 and to pay another license reinstatement fee to the Division before they will issue you a new license. Your SR22 filing period will also start over. So it is very important that you choose a SR22 insurance provider with a premium that you can afford to hopefully avoid any lapse in your coverage.
Kentucky DUI Laws - A complete overview of Kentucky DUI laws including fines, jail time and penalties for each offense.
Kentucky SR22 Insurance - Learn everything you need to know about Kentucky SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Kentucky SR22 insurance.
Kentucky DUI Lawyers - Contact one of our Kentucky DUI lawyers today.
Kentucky DUI Assessment Programs - We offer a complete listing of Maryland's approved alcohol treatment programs.