July 25, 2024 | DUI
Driving under the influence (DUI) offenses in Kentucky are treated with varying degrees of severity depending on whether the violation is classified as a misdemeanor or a felony. Understanding the distinctions between these classifications is crucial for individuals facing DUI charges, as the legal consequences and potential penalties significantly differ.
The following is an overview of when a DUI is considered a misdemeanor and when it becomes a felony.
First Offense: A first-time DUI offense is considered a Class B misdemeanor.
Second Offense: A second DUI offense within ten years of the first is also treated as a Class B misdemeanor.
Third Offense: A third DUI offense within a ten-year timeframe increases the charge to a Class A misdemeanor.
Fourth (and Subsequent) Offense: A fourth DUI offense, as well as any subsequent offenses within ten years, is classified as a Class D felony.
Penalties for a Felony DUI Conviction in Kentucky
In Kentucky, being convicted of a felony DUI brings severe penalties under the law.
If you’re a defendant charged with a felony DUI, you may face:
- Up to five years in prison, with a mandatory minimum of 120 days to be served without the possibility of probation
- One year of substance or alcohol abuse treatment
- Driver’s license suspension for a period of five years
- Imposition of a fine ranging from $1,000 to $10,000
The legal repercussions can become even more severe if aggravating circumstances are present. According to Kentucky law, these circumstances include:
- Traveling 30 miles per hour or more over the speed limit
- Driving the wrong direction on a limited-access highway
- Causing a motor vehicle accident that results in serious physical injury or death
- Having a blood alcohol concentration (BAC) of .15 or higher within two hours of driving
- Refusing to submit to a chemical test
- Having a child under the age of 12 in the vehicle
Any one of these aggravating factors can double the mandatory prison term and lead to more stringent penalties.
Potential Legal Defenses to DUI Charges in Kentucky
When faced with a DUI charge, it is crucial to understand the possible legal defenses available. An experienced attorney can help navigate the complexities of the legal system and potentially mitigate the severity of the penalties. Here are several common defenses used in DUI cases:
Improper Traffic Stop
One of the primary defenses in a DUI case is challenging the legality of the traffic stop. If the officer did not have appropriate cause to pull you over, any evidence gathered during the stop, including BAC results, may be deemed inadmissible in court.
Tainted Field Sobriety Tests
Field sobriety tests can be subjective and prone to error. Factors such as uneven surfaces, poor weather conditions, or even a defendant’s medical conditions can contribute to a failed test. Challenging the administration and accuracy of these tests can weaken the prosecution’s case.
Faulty Breathalyzer or Blood Test Results
Breathalyzers and blood tests are not infallible and can produce incorrect results. Issues such as improper calibration, faulty equipment, or mishandling of blood samples can be raised as defenses. An attorney can scrutinize the procedures followed to ensure the accuracy and reliability of these tests.
Rising Blood Alcohol Defense
The timing of the blood alcohol test can also be crucial. This defense argues that the driving occurred while the driver’s BAC was within the legal limit, but it increased above the limit by the time the test was administered. This defense hinges on proving that the person’s BAC was influenced by the time it took for alcohol to absorb into the bloodstream.
Violation of Miranda Rights
Upon arrest, law enforcement officers are generally required to inform you of your Miranda rights. If your Miranda rights were violated, it might be possible to suppress any self-incriminating statements made during the arrest.
Contact the Lexington DUI Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
It is essential to consult a qualified DUI attorney who can assess the specifics of your case and determine the best defense strategy. If you need help, schedule a free consultation with a skilled Kentucky DUI defense lawyer.
For more information, contact the DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212
Lexington, KY 40507
United States