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What Are "aggravating Factors"?

The new DUI law in Kentucky, effective October 1, 2000, establishes a list of six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions.
  1. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
  2. Operating a motor vehicle in the wrong direction on a limited access highway;
  3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  4. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.18 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
  5. Refusing to submit to any test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws;
  6. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

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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