Kentucky Aggravated DUI

Kentucky’s DUI laws prohibit a person from operating or being in physical control of a vehicle with a blood alcohol content (BAC) of .08% or more, with any amount of listed controlled substance (including cocaine and methamphetamine) in the body, or while under the influence of drugs or alcohol.

Generally, the penalties for a DUI conviction depend on how many prior convictions the offender has. Additionally, the following aggravating factors will increase the normal penalties:

• speeding in excess of 30 miles an hour over the speed limit
• driving the wrong way on a highway
• causing an accident resulting in death or serious physical injury
• operating a vehicle with a BAC of .15% or more
• refusing to submit to a blood, breath, or urine test in violation of the state’s implied consent laws (not applicable if first-offense DUI), or
• transporting a passenger under 12 years old.

A DUI that involves any of these factors is considered an “aggravated DUI.”

Kentucky Aggravated DUI Penalties

Similar to a standard DUI, for an aggravated DUI conviction, the judge will determine the driver’s penalties based on the circumstances of the case, including the number of prior offenses the driver has that occurred within the last ten years. Jail time and fines are mandatory, but it’s up to the judge as to whether to order community service.

All offenders must complete a substance abuse program. A first-offense DUI requires at least 90 days of treatment and a second DUI requires one year of treatment. Subsequent offenses will require at least a year of residential or inpatient substance abuse treatment.

Driver’s License Penalties

For a DUI conviction, the court will order license revocation followed by a period of time with an ignition interlock device (IID).

Hardship license. Judges can grant a motorist a temporary restricted license which allows travel related to work, school, or treatment purposes during the revocation period. The permit holder is required to use an IID and be enrolled in substance abuse treatment.

If the driver holds the permit for 12 months without any violations, the judge is permitted to reduce the remaining revocation period.

License plate revocation. For second and subsequent offenses, the judge will order the surrender of the offender’s license plate. This surrender can be avoided with the installation of an IID and in other limited circumstances.