If you live in Kentucky, were vacationing or visiting there, or perhaps just passing through to another destination on your journey and you were stopped and issued a DUI by a police officer of the state, you will need to find a Kentucky lawyer. DWI (driving while intoxicated) and DUI (driving under the influence) laws are complicated and you will need an expert to help you maneuver through the legal system.

A DWI or DUI charge is a serious offense and is not taken lightly. Penalties are harsher now than ever before due to the “crack-down” by the media and certain other interested groups. The penalties given to offenders are intended to stop drunk-driving violations and protect the public from serious consequences that can result from drunk-driving.

The Commonwealth of Kentucky has a law that differs from most other states because there is a special provision regarding a blood or urine test. Kentucky is different than other states because you have the right to contact a lawyer before you submit to a blood or urine test. They will give you 10 to 15 minutes in an attempt to contact your lawyer before you are required to take the test.

In the State of Kentucky, in order to be considered a first time offender, you must have a record clean of DUI charges dating back for five years.

Penalties

First Offense

• Jail time, from 2 to 30 days
• Fines ranging between $200 and $500
• Attendance in a substance abuse program for 90 days
• Community service possible
• Driver’s license revocation for 30-120 days

If your first offense also includes aggravating circumstances, you can receive more jail time. According to Kentucky DUI law, if any of the additional offenses outlined below occur and you are found guilty, you must spend four days in jail. These circumstances include:

• Blood alcohol concentration (BAC) of 0.18 or higher
• Refusing to take a BAC test
• Going the wrong way on a highway
• Speeding over the posted speed limit by more than 30 mph
• Causing an accident which includes bodily harm to a person
• Having a minor in your vehicle (child under the age of 12)

Repeat offenders, under Kentucky DUI law, will receive harsher penalties.

Second Offense punishments

• Suspension of driver’s license for one year
• Fines ranging from $350 to $500
• Mandatory attendance of treatment and education courses for one year
• Jail time, from 7 days to 6 months

Third Offense consequences

• Jail time, between 30 days and one year
• Fines ranging from $500 to $1,000
• Loss of driver’s license for two to three years
• Alcohol treatment and evaluation program for one year

DUI Defense

It is essential that you retain a lawyer licensed in the State of Kentucky who is an expert in the field of DUI law. Here are some questions your Kentucky lawyer can raise in court:

1. Were you told of the special provision granting you the right to contact a lawyer before being required to take a blood or urine test?

2. As to any equipment that was used in a blood, breath, or urine test, when was the last time that piece of equipment was serviced? Are we sure it was in proper working order?

3. Was the person who administered the test trained and qualified in using the equipment?

4. If any field sobriety tests were conducted at the time, were they valid? How can you prove they were accurate?

5. The police officer who stopped your vehicle in the first place, what reason did he give? A police officer has to have reasonable suspicion that a traffic or other violation has occurred before stopping a vehicle.

Also, you have a right to a speedy trial. If your trial date is not set within the specified period of time as allowed by law the charges against you must be dismissed.

If you have incurred a DUI charge in the State of Kentucky , you need to find and hire a Kentucky lawyer who is very knowledgeable about the DUI laws.

Find legal information and lawyers that specialize in DUI DWI by state: