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Can My Dui Be Reduced To A Lesser Charge?

In Kentucky there is an anti­plea­bargaining statute. Many people think their DUI charge can be resolved with an easy amendment of the charge to reckless driving. In most cases, the prosecutor is prohibited from amending a DUI charge to reckless driving. When an alcohol concentration for a driver over 21 is above 0.08, for a driver under 21 is above 0.02 or when the defendant refuses to take an alcohol concentration test, Kentucky law states a prosecuting attorney shall not agree to the amendment of the charge to a lesser offense and shall oppose the amendment of the charge at trial, unless all prosecution witnesses are, and will continue to be, unavailable. The prosecutor cannot amend the alcohol concentration unless uncontroverted scientific evidence is presented that the test results were in error.

Other Kentucky Drunk Driving Defense FAQs

  • Q: What Is Dui In Kentucky?
    A: Motorists in Kentucky can be charged with five different DUI violations. Kentucky's different types of DUI are: (1) operating or in physical control of a motor vehicle … More
  • Q: What Is "under The Influence Of Alcohol"?
    A: 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 … More
  • Q: What Is "per Se" Dui?
    A: This law is also known as the "per se" DUI offense. It would be more accurate to call this driving with an unlawful blood, breath or urine alcohol level. To prove this … More
  • Q: How Is A Dui Case Proven?
    A: When there is a blood, breath or urine test result "in evidence" there are two separate ways the prosecution may seek to prove a DUI case: (1) by proving "under the … More
  • Q: What Is Dui Impairment "other Substances"?
    A: You can be prosecuted for a DUI involving drugs even where a physician prescribes the drugs. Generally these cases often involve "other" substances (marijuana, … More
  • Q: What Are The Legal Limits Of Alcohol?
    A: An alcohol content reading of 0.02 or higher is the level for per se (legally DUI) intoxication for persons under the age of 2l at the time of arrest that are accused … More
  • Q: What Is A "Repeat Offender"?
    A: "Repeat offender" status for DUI cases is determined in Kentucky based upon a five­year "lookback" period. This status is used for purposes of … More
  • Q: What Are The Penalties For A First Offense?
    A: Fine: $200.00­$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.) Jail: 48 hours to 30 days. Under Kentucky law for a first offender, … More
  • Q: What Are The Penalties For A Second Offense?
    A: Fine: $350­$500 (plus statutory service fee of $200.00 and other miscellaneous costs.) Jail: seven days to six months. A fine and jail time are imposed for all … More
  • Q: What Are The Penalties For A Third Offense?
    A: Fine: $500­$1,000. Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively. Community Service: Not less … More
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