Tag: DUI Lawyer

When Does A DUI Become A Felony In Kentucky?…

Standard penalties for a Kentucky DUI include the following: First offense: Class B misdemeanor, 30 – 120 days license suspension; fine of $200 to $500, incarceration of 48 hours to 30 days. Second offense: Class B misdemeanor, 12 to 18 months license suspension; fine of $350 to $500; incarceration of 7 days to 6 months. Third DUI offense: Class A misdemeanor serves 30 days to 12 months in jail, pay a fine of $500 – $1,000, plus court costs; your license may be revoked from 24 to 36 months, and you may be required to attend DUI School for one year. Fourth DUI offense:  A fourth DUI offense in Kentucky is a Class D felony and involves up to a $10,000 fine and jail time from one to five years. Driver’s license is suspended for 60 months with no hardship license.  As you can see, a DUI is a serious offense and can carry severe penalties. Knowing what to expect when you are charged with drunk driving in Kentucky can help you remain calm and speak with knowledge if you are charged.

Avoid Aggravating Circumstances

The mandatory prison term doubles if one or more aggravating circumstances are present. You also may receive longer prison sentences and harsher penalties.

The list of aggravating circumstances in Kentucky:

  • Traveling 30 miles per hour or more above the posted speed limit
  • Driving in the wrong direction on a limited-access highway
  • Causing a car accident that results in serious physical injury or death
  • Having a blood alcohol concentration of .15 or higher within two hours of driving
  • Refusal to submit to a chemical BAC test
  • Having a child in the car under the age of 12 years

Just one of the above DUI aggravating circumstances is enough to enhance the penalties for a felony DUI charge.

Could Defense Strategies Be Available In Your Case?

A DUI defense attorney would need to investigate the facts and circumstances surrounding your arrest to determine what defense strategy would give you the best chance of avoiding a DUI conviction. Attorneys want to ensure that you are treated fairly. No matter what crime you are charged with, it is important to remember that you still have rights and that you are entitled to due process. This includes ensuring that the arresting officer adhered to all applicable rules and regulations during the arrest.

Potential defenses for a felony DUI charge:

  • Police officers cannot pull you over without reasonable suspicion of a crime. If a police officer did not have reasonable suspicion, the evidence gathered by the police may be inadmissible in court.
  • A false field sobriety test. Each test must be administered according to specific standards and requirements. If the police officer deviated from the standards, the prosecution might not be able to use the results of the sobriety test in court.
  • False readings for blood tests frequently occur based on various factors. Blood draws are considered more invasive than a breathalyzer test, and police must obtain a warrant or valid consent to take a blood sample. It may be possible to challenge the results of a blood test which can lead to a dismissal of your case or a not-guilty verdict. The most common reasons for a positive blood alcohol test include improper calibration of the equipment, administering the test too soon, blood alcohol rising, health conditions and medications, or contamination of the sample.

Seek legal advice as soon as possible after a DUI arrest. Depending on the facts of your case, your DUI charges could be dismissed or reduced. Working directly with the prosecutor may not be in your best interest. The prosecutor wants a conviction, and a good lawyer understands the tactics used by the prosecution to get a conviction. They also understand how to fight DUI charges.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.