What does 'Under The Influence Of Alcohol' mean under Kentucky DUI law?

The prosecutor only has to prove a motorist was "under the influence of alcohol." This type of case is pursued even if no alcohol content test result exists from a blood, breath or urine test. Most cases in which a suspected impaired driver refuses a chemical test of his or her blood, breath or urine are prosecuted as "under the influence" cases. Cases in which the driver does not test above the legal limit can be prosecuted as "under the influence" cases. Whenever a driver has taken a blood, breath, or urine test, the Commonwealth may attempt to introduce the result. Motorists who have an alcohol concentration of less than 0.05 are presumed NOT under the influence of alcohol. There is no presumption one way or the other if a person's alcohol concentration is 0.05 and above but less than 0.08. However, the Commonwealth can attempt to refute the "presumption" by other proof (e.g., a collision, atrocious driving, disregard for the safety of others, slurred speech, etc.).

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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