Navigating Kentucky DUI Laws: A Guide for Boone, Kenton, and Campbell County Residents
- Chris Kloeker
- May 3
- 3 min read
Navigating Kentucky DUI Laws: A Guide for Boone, Kenton, and Campbell County Residents
Driving under the influence (DUI) in Kentucky carries serious legal consequences. This blog post provides an overview of Kentucky DUI laws, specifically tailored for residents of Boone, Kenton, and Campbell counties, including cities like Covington, Florence, Newport, Union, Independence, Erlanger, Fort Mitchell, Fort Wright, and Alexandria. Understanding these laws is crucial to protecting your rights.
Kentucky DUI Laws: An Overview
Kentucky law, under KRS 189A.010, prohibits operating or being in physical control of a vehicle while:
Having a blood alcohol concentration (BAC) of 0.08% or higher (0.02% for drivers under 21, 0.04% for commercial drivers).
Under the influence of alcohol or any other substance that impairs driving ability.
It's important to note that you can be charged with DUI even if your BAC is below 0.08% if your driving is impaired.
DUI Penalties in Kentucky
Penalties for DUI in Kentucky depend on prior offenses and aggravating circumstances. Kentucky uses a 10-year "lookback period," meaning prior DUI convictions within the last 10 years will increase the severity of penalties.
First Offense:
Fine: $200 - $500
Jail: 48 hours to 30 days (minimum 4 days if aggravating circumstances exist)
License Suspension: 30 to 120 days
Alcohol/Substance Abuse Program: 90 days
Possible community labor
Second Offense (within 10 years):
Fine: $350 - $500
Jail: 7 days to 6 months (minimum 14 days if aggravating circumstances exist)
License Suspension: 12 to 18 months
Alcohol/Substance Abuse Program: 1 year
Possible community labor
Third Offense (within 10 years):
Fine: $500 - $1,000
Jail: 30 days to 12 months (minimum 60 days if aggravating circumstances exist)
License Suspension: 24 to 36 months
Alcohol/Substance Abuse Program: 1 year
Possible community labor
Fourth Offense (within 10 years):
Class D Felony
Jail: Minimum 120 days (minimum 240 days if aggravating circumstances exist)
License Suspension: 60 months
Alcohol/Substance Abuse Program: 1 year
Aggravating Circumstances:
Aggravating circumstances can significantly increase penalties, including mandatory jail time, even for a first offense. These include:
Driving 30 mph or more over the speed limit.
Driving the wrong way on a limited-access highway.
Causing an accident resulting in death or serious injury.
Having a BAC of 0.15% or higher.
Refusing to submit to a breath, blood, or urine test.
Transporting a passenger under 12 years old.
The DUI Process in Kentucky
Initial Stop: An officer must have reasonable suspicion to stop your vehicle.
Field Sobriety Tests: If the officer suspects impairment, they may request field sobriety tests. Note: Refusal to take these tests does not carry a license penalty but can lead to a request for a breathalyzer or chemical test.
Chemical Tests: You will be asked to submit to a breath, blood, or urine test. Refusal results in a pre-trial license suspension.
Arrest and Booking: You will be taken to the police station for processing.
Court Proceedings: This includes arraignment, pre-trial hearings, and potentially a trial.
Common DUI Defenses in Kentucky
A skilled attorney can explore various defenses, including:
Unlawful Stop: Challenging the legality of the initial traffic stop.
Improperly Administered Tests: Questioning the accuracy of field sobriety or chemical tests due to improper procedures, faulty equipment, or medical conditions. Kentucky law requires a 20-minute observation period before a breath test to ensure accuracy.
Violation of Rights: Arguing that your Miranda rights were violated.
Rising Blood Alcohol Defense: Demonstrating that your BAC was below the legal limit while driving but rose above it by the time the test was administered.
Right to Independent Testing: You have the right to request an independent test to verify the results of the police test.
DUI and Your Driver's License
A DUI conviction will result in license suspension. Kentucky also has an Ignition Interlock Program (KIIP), which allows individuals with suspended licenses to regain limited driving privileges by installing a breathalyzer device in their vehicle.
Finding Legal Help in Northern Kentucky
If you've been charged with a DUI in Boone, Kenton, or Campbell County, it's crucial to seek experienced legal representation. A local attorney familiar with the courts in Covington, Florence, Newport, Union, Independence, Erlanger, Fort Mitchell, Fort Wright, Alexandria and the surrounding areas can help you navigate the legal process and protect your rights.
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