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Kentucky DUI Overview

DUI cases are different in each state. Suhre & Associates has the experience needed to help you with your DUI case in Kentucky.

Attorneys Richard Gabelman and Joe Suhre handle Kentucky-based cases for Suhre & Associates.

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Defenses

If you tested over the “legal limit,” you can still win your DUI case. There are many defenses available to clients who are alleged to have a test result over the legal limit.

Defending a DUI case involves a mixture of investigation, development of a defense against an opinion of the arresting officer, and defense against a blood alcohol test or refusal.

Kentucky Law

KRS 189A.010(1), prohibits driving under the influence of alcohol or any other substance or combination of substances (DUI) or with a certain concentration of alcohol. To sustain a conviction under KRS 189A.1010, the Commonwealth must prove that the driver was under the influence of the offending substances.

Generally, upon a conviction of a first offense DUI in the Commonwealth, most judges impose a relatively standard and punishment of fine, service fee, license suspension, and substance abuse evaluation. The Ominbus Act of 2000 has created six “aggravating circumstances” which mandate minimum mandatory periods of incarceration. If a person is convicted of a violation of KRS 189A.101(1)(A) to KRS 189A.1010(1)(D), while operating a motor vehicle then the aggravating circumstances will now apply to the sentencing process. The aggravating circumstances include: (1) Operating a motor vehicle in excess of 30 miles per hour above the speed limit (2) Operating a motor vehicle in the wrong direction on a limited access road (3) Operating a motor vehicle that causes an accident resulting in death or serious physical injury and (4) operating a motor vehicle with the alcohol concentration in the operator’s breath or blood is .18 or more as measured by a test or sample of the operator’s blood (5) Refusing to submit to any tests of the operator’s breath or blood. The minimum periods of incarceration are doubled for aggravating circumstances and the service of the minimum time is mandatory.

First Offense: Imprisonment of 48 hours to 30 days or fine of $250.00 to $500.00 or both. Following sentencing, first offender may apply for permission to enter a community labor program for not less than 48 hours nor more than 30 days in lieu of a fine or imprisonment or both

First Offense Aggravating Circumstances: Mandatory minimum sentence of four days. Fines of $200.00 to $500.00 must also be imposed. Community labor not to exceed 30days may be imposed in lieu of a fine or imprisonment or both.

Second Offense: Imprisonment of not less than seven days nor more than six months and a fine of not less than $500.00 nor more than $350.00 nor more than $500.00.

Second Offense with Aggravating Circumstances: Mandatory Minimum sentence of 14days not to exceed six months and a fine of $350.00 to $500.00 A violator may be sentenced to community labor for not less than 10days nor more than six months.

Third Offense: Imprisonment of not less than 30 days nor more than 12 months and a fine of not less than $500.00 nor more than $1,000.00.

Third Offense with Aggravating Circumstances: Mandatory minimum sentence of 60 days and not more than 12 months, a fine of not less than $500.00 nor more than $1,000.00.

Fourth Offense: Class D Felony, with minimum sentence of one year nor more than five years. The fine ranges from $1,000.000 to $10,000.00.

KY OVI

Pre-Trial License Suspension - The Court must, at the time of arraignment or as soon thereafter, suspend the motor vehicle operator’s license and driving privileges of any person charged with a violation of KRS 189A.010 who; (1) refused to take a chemical test or (2) Within the five year period preceding his/her arrest has either a prior conviction for DUI or has had his or her operator’s license revoked or suspended for refusing to take the chemical test or (3) was involved in a motor vehicle accident that has resulted in death or serious physical injury.

A person whose license is suspended under KRS 189A.200 may file a motion for judicial review of the suspension and the Court must conduct a review within 30 days of the filing of said motion.

When the Court orders such a suspension, the Defendant must immediately surrender his or her license to the clerk of court. If the Defendant does not bring his or her license to court, the Court will remand the Defendant to the Sheriff until the license is surrendered to the Court.

Licenses suspended under KRS 189A.200 shall remain suspended until the Defendant is convicted or acquitted or until the court enters an order terminating the suspension.
KRS 189A.010(1) requires that prosecutions require sample collections within two hours of cessation of operation or physical control of a motor vehicle. KRS 189A.010(2) further states that blood or breath samples taken outside the two hour window shall be inadmissible as evidence in prosecutions involving (1)(a) and (1)(e). Samples taken outside of the two hour window may be admissible in prosecutions under KRS 189A.010(1)(b) and KRS 189A.010(1)(d).

Breath Test: KRS 189A.103(3)(b) requires that all breath tests be administered by a peace officer holding a certificate as an operator of a breath analysis instrument issued by the Secretary of the Justice Cabinet.

Breath testing machines must be installed, tested, and maintained by the Commonwealth at a police station or detention facility. Breath analysis performed on any of the approved evidential testing devices must comply with certain requirements (1) 20minute observation of the suspect immediately prior to testing (2) calibration of the testing equipment (3) performance of the test in accordance with the manufacturer’s instructions for the use of the equipment.
Blood Test: KRS 189A103.(6) provides that only a physician, registered nurse, or medical technician may withdraw blood. No alcohol or organic substance is to be used to clean the skin where a blood sample is to be taken. The blood sample is to be delivered to the Kentucky State Police Laboratory.
Urine Test: Urine samples are to be collected in the presence of peace officer or another person at the direction of officer. The witnessing person must be of the same sex as the suspect. Samples are to be collected in clean, dry, securely sealed containers. No preservatives may be used.

Driving Privileges

For a first offense DUI conviction, the Court must revoke the defendant’s driver’s license for a period of not less than 30 days and not more than 120 days. There is no hardship license available for 30 days.

A person convicted for a first offense DUI may apply for a hardship license at the expiration of 30 days. A hardship license is not available for a person who refused an alcohol concentration or substance test and has contested this refusal by seeking judicial review of the suspension.

In order for the Court to grant a hardship license, it must have reasonable cause to believe that the revocation would hinder the person’s ability to continue employment, continue attending school, obtain necessary medical care, and attend driver’s classes or substance abuse classes or programs.