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What Are The Legal Limits Of Alcohol?

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 of violating the DUI law. This means if you are under 21 years of age and submitted to law enforcement's test and the result was 0.02 or higher, you may be accused of driving with an unlawful alcohol concentration, plus be accused of DUI "under the influence" based on other evidence (including manifestations of impairment, driving conduct, or other evidence). An alcohol concentration reading of 0.04 or higher is the level for per se (legally DUI) intoxication for persons accused that were stopped while operating a commercial vehicle. This means that if you submitted to law enforcement's test and the result was 0.04 or higher, you may be accused of driving a commercial vehicle while having an unlawful blood alcohol level. If a driver is stopped in a commercial vehicle and the prosecution's test reveals ANY alcohol, a 24­hour out­of­service order will be issued. An alcohol concentration of 0.08 or more is the level for per se (legally DUI) intoxication for persons who are age 21 and older and accused of violating Kentucky laws. This means if you submit to testing and yield a result over .079, you will be accused of driving with an unlawful blood alcohol concentration. No evidence of bad driving or visible signs or manifestations of impairment are REQUIRED to obtain a conviction for this type of DUI.

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 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
  • Q: What Are The Penalties For A Fourth Offense?
    A: Fine: $1,000­$10,000. Jail: Class D felony. One to five years. At least 120 days of the sentence must be served. License Revocation: 60 months. No hardship … More
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