In Kentucky, a third offense DUI within five years is considered a misdemeanor unless there are aggravating factors such as serious bodily injury or the presence of minors in the vehicle.
Criminal and Administrative Penalties
Penalties for third DUIs (within five years) include a fine of not less than $500 or more than $1,000. The driver may be incarcerated for a minimum of 30 days up to 12 months. If aggravating factors are present -- for example, speeding in excess of 30 mph of posted limit, wrong side of street driving, DUI involving an accident, BAC above .18, DUI with child (under 12 years old) in vehicle, or refusal to submit -- the driver will face a minimum of 60 days imprisonment. In addition the driver must submit to one year of substance abuse treatment. The Kentucky DMV will suspend the offender's license for a minimum of 24 to a maximum of 36 months. The courts will also require 10 to 12 days of community labor.
Drivers convicted of a third DUI will forfeit their license plates to the courts during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator's vehicle after the driver serves a statutory suspension period. The ignition interlock device prevents a driver from operating that vehicle if the driver's BAC is .02 or greater.
It is up to you and your lawyer to decide what is in your best interests – your best plea options. Pleading guilty will make sure the case proceeds. If you plead not guilty, it will proceed to trial. It is possible your lawyer may be able to make a plea bargain with the prosecutor and have the charges reduced. Get in touch with a lawyer who knows the law in Kentucky.
Consult a Lawyer
A third offense DUI in Kentucky can result in serious jail time and the loss of your driver’s license. This may interfere with your ability to work. It will also result in a substantial increase in your insurance rates. Keep in mind that for third offenders, the minimum sentence will not be suspended or probated, and is not subject to either early or conditional release. Considering these harsh penalties, you will benefit from the advice of an attorney.