The basics of Kentucky DUI law

In Kentucky, driving under the influence can have serious consequences.

DUI is not limited to impairment due to alcohol consumption. Driving while under the influence of substances, such as illegal drugs, prescription medications, and even some over the counter medications, can result in being charged with drunk driving. If your ability to operate a vehicle is impacted, you are at risk of being charged.

Legal BAC Limits 

If you are suspected of driving under the influence of alcohol, you may be asked to take a test to determine your breath or blood-alcohol level.

Drivers are considered under the influence if:

• Drivers over the age of 21 have a BAC of .08 or greater
• Drivers under the age of 21 have a BAC of .02 or greater
• Commercial drivers have a BAC of .04 or greater
• Drivers below the established BAC limits show other evidence of impairment

Kentucky DUI Penalties

The severity of the penalties assigned for DUI offenses in Kentucky depend on the frequency of the offense. For example, a driver who is a first-time offender will have a much lower sentence than a driver who has had multiple DUIs within a five-year period. Penalties can include fines, community service, educational requirements, loss of license and imprisonment.

Whether or not there were aggravating circumstances also impacts the outcome of a DUI case. If aggravating circumstances exist, jail time is mandatory if the driver is found guilty.

In Kentucky, aggravating circumstances include:

• Speeding over 30 mph over posted limits
• Involvement in an accident that causes injury or death
• BAC of .15 or higher
• Driving the wrong way on a one-way road or ramp
• Driving with minors under the age of 12 in the vehicle
• Refusing to participate in sobriety testing

What to do if you are facing a DUI

If you have been charged with a DUI, your best defense is to hire an experienced Bowling Green DUI attorney that can help determine the best course of action for your case.

Source: Kentucky Transportation Cabinet, “DUI Laws in Kentucky“, Accessed July 16, 2014