Every 30 minutes, someone in the United States is killed in an alcohol-related crash. In 2005, 313 Kentuckians died in alcohol-related crashes. In addition to the terrible loss of life, these crashes cost Kentuckians an estimated $1.6 billion annually.
DUI is not an accident. It is the result of two choices: to use alcohol or drugs and to get behind the wheel of a vehicle. The results can be deadly.
In Jefferson County, seven prosecutors and three victim advocates are assigned full-time to DUI courts. They follow cases from arraignment through disposition. Each year in Jefferson District Court, these assistant county attorneys prosecute more than 3,000 DUI cases, with a current conviction rate of more than 96%.
We take DUI seriously, and so should you. If you choose to drink, please be safe and don’t drive.
What is a DUI Offense?
In the state of Kentucky, anyone in actual physical control of a motor vehicle while under the influence of alcohol, controlled substances, medication, or prescription drugs which impair the driver’s ability to operate his/her vehicle can be charged with Driving Under the Influence.
Breath Alcohol Concentration Level
In the state of Kentucky, if your Breath Alcohol Concentration (BAC) level is .08, you are guilty of DUI. It is considered a per se violation.
DUI Laws
Kentucky state law prohibits open containers of alcoholic beverages in or around the passenger area of a vehicle while on a public highway.
License Plate Confiscation
Defendants who are convicted of a second or greater DUI shall be required to forfeit their license plates to the courts for a minimum of one year.
Zero Tolerance for Underage Drivers
It is a crime for a person under the age of 21 to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of .02 or above. Fines for a minor caught driving at this BAC level or above could range from $100 - $500. A minor also could lose his/her license for a period of 30 days to six months. A minor will be required to attend an alcohol or substance abuse program.
Fines and Jail Time
|
|
First Offense |
Second Offense |
Third Offense |
Fourth Offense |
|
Fine |
$200-$500 |
$350 - $500 |
$500 - $1,000 |
Becomes a Class D Felony |
|
Jail Time |
48 hrs – 30 days |
7 days – 6 mos.
Mand. 7 days |
30 days – 12 mos.
Mand. 30 days |
Mand. 120 days, not probated , suspended or conditionally discharged |
|
Loss of License |
30 – 120 days |
12-18 mos. |
24 – 36 mos. |
5 years |
|
Alcohol Education |
ATP |
1 year ATP |
1 year ATP |
|
Aggravating Circumstances
The following offenses require mandatory jail time:
-
operating a motor vehicle in excess of 30 mph above the speed limit
-
operating a motor vehicle in the wrong direction on a limited-access highway
-
operating a motor vehicle that causes an accident resulting in death or serious injury
-
operating a motor vehicle with a BAC test of .18 or higher
-
refusing to take a blood, breath or urine test requested by the police officer
-
operating a motor vehicle while transporting a passenger under 12 years old.