A second-offense DUI (driving under the influence) (also called “DWI”) conviction in Kentucky generally results in a week in jail, a fine, and driver’s license revocation. Lots of factors can affect DUI sentencing. But this article discusses the minimum and maximum penalties for a second DUI conviction in Kentucky.
A DUI is considered a second offense in Kentucky if the driver has only one prior DUI conviction within the last ten years. Older DUI convictions won’t be counted. A second DUI will generally result in the following penalties.
Jail time. A second-offense DUI carries seven to 30 days in jail. The minimum jail time increases to 14 days if the second offense involved any aggravating factors. Qualifying aggravating factors include excessive speeding, refusing alcohol testing, causing an injury accident, having a passenger under 12 years old, and having a BAC (blood alcohol content) of .15% or greater (find out approximately how many drinks it takes).
Community service. The judge may also order the offender to complete ten days to six months of community service.
Fines. A person who’s convicted of a second DUI must pay a fine of $350 to $500.
Treatment. For a second DUI conviction, the offender must complete a one-year substance abuse program.
In addition to the other penalties, second offenders also face a license revocation of 12 to 18 months and must complete substance abuse treatment prior to reinstatement. After reinstatement, the motorist will also be required to have an ignition interlock device (IID) for 12 months.
Hardship license. Judges are permitted to grant a driver a temporary restricted license. With a restricted license, the motorist can drive for work, school, or treatment purposes but only with an installed IID.
After holding a hardship license for 12 months, the driver can request a reduction of the remainder of the revocation period. The judge will normally consider the driver’s behavior and IID compliance in making the decision.
License plate surrender. Even if a driver’s license is revoked, the judge can also order the surrender of the driver’s license plates. License plate forfeiture may be avoided with IID installation or under other circumstances.
Plea negotiations can sometimes be used to reduce or eliminate certain DUI penalties. Unless the driver refused testing, the prosecutor may even agree to reduce the charges. Visit with a qualified attorney to discuss these possibilities.