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Kentucky DUI/DWI laws

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Kentucky DUI/DWI Laws refers to Driving Under the Influence, while DWI refers to Driving While Intoxicated.

Kentucky DUI/DWI Laws

Drunk driving and driving under the influence of other substances is a serious offense surrounded by rules and regulations that are quite strict on the offenders. Drunk driving is a criminal offense and when an individual is caught in the act, he/she is treated as one.

The state of Kentucky has its own laws as regards Driving Under the Influence and Driving While Intoxicated.

The following are the conditions under which people are prohibited from being in physical control of a vehicle or driving it:

  1. When the Blood Alcohol Content (or BAC) of the individual is 0.08% or greater. However, for drivers operating commercial vehicles, a Blood Alcohol Content of less than 0.04% is stipulated
  2. When the individual is under the influence of any form of alcohol, controlled substance or a combination of the two. This might result in an impairment of the driving ability of the individual.
  3. When the individual has any amount of certain substances regarded as illicit in his or her blood. These substances include cocaine and methamphetamine.
  4. When the individual is below 21 years of age and has a BAC of about or more than 0.02%

A violation with BAC of 0.08% or more is referred to and regarded as a “per se DUI,” this provides a basis for conviction irrespective of how impaired the individual is.

The quantity of alcohol which you will have to consume in order to reach this level of BAC can differ based on a number of factors including the gender of the individual, the body size, quantity of food already consumed, the time between drinks, the type as well as the quantity of alcohol consumed.

Implied Consent Law

This law provides that irrespective of who the individual is, if s/he is driving a vehicle, then he is already liable to be subject to certain tests that would check and determine the concentration of drug in the body system of the individual.

This gives drivers no leeway as to avoid taking the test. Neither the location nor speed of the vehicle at the time hold any sway on this. In a scenario whereby the individual is guilty and the concentration of drug in his/her body system is more than is required by law, an arrest will be made and the person charged to court.

Habitual Drunk Drivers

As there are limits to everything in life in order to avoid certain negative consequences, there are also limits to the number of times by which an individual has to be arrested for the same charge (DUI and DWI).

After a certain number of arrests regarding this same offense, an individual is bound to encounter legal issues with consequences that are bound to be severe and drastic.

Aggravated DUI

The state of Kentucky has defined scenarios where the DUI/DWI are regarded as being aggravated, and the individuals found guilty of these offenses could spend double of the normal jail time. These offenses include when the individual:

  • is headed towards the wrong direction
  • drives 30 mph or more over the designated speed limit
  • causes an accident that led to serious injury or death
  • drives with a BAC of 0.15% or more
  • refuses to submit to be subjected to tests as requested by a police officer
  • drives with a passenger who is as yet under the age of 12

The penalties for driving under the influence in Kentucky include:

First Offense

Fine: 200 to $500

Jail: 48 hours to 30 days.

In lieu of fine and/PR imprisonment, a community labor program could be entered.

Second Offense

Fine: $350 to $500

Jail: between seven days and six months

Community labor: ten days to six months

Third Offense

Fine: $500 and $1000

Jail: 30 days to 12 months

Community labor: ten days to 12 months

Fourth Offense

The offender is guilty of a Class D felony

Fine: $1,000 to $10,000

Jail: one year to five years

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