What Are "aggravating Factors"?

Tue, 29 May 2007 21:19:00 GMT

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.

Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
Operating a motor vehicle in the wrong direction on a limited access highway;
Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
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;
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;
Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

Are The Any Rules Unique To Kentucky?

Tue, 29 May 2007 21:19:00 GMT

Outofstate driver's license issued to a person under 16 years of age is not valid on Kentucky streets and highways.

Can My Dui Be Reduced To A Lesser Charge?

Tue, 29 May 2007 21:19:00 GMT

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.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Is A Dui Case Proven?

Tue, 29 May 2007 21:19:00 GMT

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 influence," utilizing the test result, if any, (and the presumptions discussed above) or proceeding on other evidence in the case, such as dividedattention exercises, smell of alcohol, etc., or (2) by proving the person was driving with an unlawful alcohol concentration. This method of proving DUIalcohol requires a blood, breath or urine test. In refusal cases, the prosecution usually can only pursue and prove an "under the influence" DUIalcohol case since no chemical test result is available to prove the alcohol concentration. Despite the fact that persons under arrest for DUI may refuse to take a chemical test of their blood, breath or urine for many reasons other than fear of failure, Kentucky courts have ruled the act of refusal, for whatever reason, is admissible in court.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

May I Contact An Attorney Prior To Making A Decision About Testing?

Tue, 29 May 2007 21:19:00 GMT

If arrested for DUI, you now must be afforded an opportunity to attempt to contact a lawyer. The opportunity is for not less than ten minutes or more than 15 minutes during the observation period prior to a breath test or at the hospital prior to blood or urine testing. Failure to contact a lawyer during this time does not excuse you of the obligation to take the chemical test.

Must I Submit To Preliminary Breath Tests And Divided Attention Testing?

Tue, 29 May 2007 21:19:00 GMT

Under no circumstances should you take a preliminary breath test or any socalled field sobriety test. The officer will attempt to intimidate or harass you into taking these tests, but you should respectfully decline. Polite refusals: "No sir I am not required under Kentucky law to submit to a preliminary breath test." "No sir, there is no connection between being able to stand on one leg and operating a motor vehicle safely in the Commonwealth of Kentucky." "No sir I just recently had my eyes examined by a licensed, practicing physician and they are just fine."

Should I Refuse To Take A Test?

Tue, 29 May 2007 21:19:00 GMT

In some cases, refusing all chemical tests may be more beneficial than the consequences that may result from an unfavorable test result. For instance, if you are arrested for DUI and have an aggravating factor present, you should probably refuse all chemical tests.

What Are Pre-Trial License Suspensions?

Tue, 29 May 2007 21:19:00 GMT

Prior to trial the Court shall at arraignment or as soon as it has information suspend the license of the accused if the accused: (1) refused a chemical test, (2) has been convicted of one or more DUIs or has had his license suspended on one or more occasions for refusing to take an alcohol concentration test in the five years preceding the arrest; or (3) was involved in an accident that resulted in death or serious physical injury to a person other than the accused. The accused may ask for a review of the suspension and the Court shall conduct a review within thirty (30) days of the filing of the motion.

What Are Preliminary Breath Tests And Divided Attention Testing?

Tue, 29 May 2007 21:19:00 GMT

You are not required under Kentucky law to submit to preliminary breath testing or divided attention testing. The refusals to submit to such testing are not admissible in any trial. A preliminary breath test is usually conducted at the scene of the stop. A small, handheld device is usually offered to the accused. Divided attention testing is also called field sobriety tests by law enforcement. Such exercises are not tests and in no way measure sobriety. Generally, law enforcement will ask you to hold one foot in the air with your arms pinned to your sides while counting to 30 by thousands (one, one thousand, two, one thousand, etc.). Another popular police manufactured exercise is the walkandturn, which requires the accused to walk nine steps heeltotoe forward, turn, and walk nine steps heeltotoe back all the while with arms pinned to sides. A third socalled test is the horizontal gaze nystagmus (HGN) wherein the officer will wave his finger or some other object before an accused's eyes to allegedly measure determine whether or not the eyes exhibit jerking motions at certain locations. Appeals courts in at least half of the states that have ruled on the issue have rejected HGN testing. Sadly, Kentucky still permits law enforcement officers to testify about HGN.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Loaded and cased firearms are permitted in the vehicle.
Studded tires are permitted.
Tire chains are not required.
Kentucky has a seat belt law with secondary enforcement for all occupants.
Kentucky has a mandatory child restraint law for passengers under 40 inches tall, requiring the use of approved car safety seats.
Motorcycle riders 21 years of age and older are exempt from the helmet law if they have insurance.
Registration and insurance card must be carried in the vehicle.

What Are The Legal Limits Of Alcohol?

Tue, 29 May 2007 21:19:00 GMT

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.

What Are The Penalties For A Dui With Aggravating Factors?

Tue, 29 May 2007 21:19:00 GMT

First Offense: Four days;
Second Offense: 14 days;
Third Offense: 60 days; and
Fourth Offense: 240 days. The aggravating factors do not apply to under21 DUIs. There is no prohibition on dismissal by the prosecution of the aggravated circumstance to avoid the minimum mandatory sentence. For a first offense, the aggravating factor must be present at the time of operation of the motor vehicle. This excludes imposition of the mandatory minimum jail sentence for refusals since refusals cannot occur at the time of operation of a motor vehicle.

What Are The Penalties For A First Offense?

Tue, 29 May 2007 21:19:00 GMT

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, either a fine or jail must be assessed, the penalty not assessed can be suspended, probated or subject to conditional discharge or early release. For example, a judge can impose a fine of between $200.00 and $500.00 plus 48 hours in jail and probate or conditionally discharge the jail term. Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days. License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated. Any nonresident driver's home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the nonresident's license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the nonresident's home state. A "not guilty" verdict or other nonDUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a nonDUI disposition. Alcohol and Drug Assessment and Treatment: Ninety days.

What Are The Penalties For A Fourth Offense?

Tue, 29 May 2007 21:19:00 GMT

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 license. Alcohol and Drug Assessment and Treatment: One year.

What Are The Penalties For A Second Offense?

Tue, 29 May 2007 21:19:00 GMT

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 second offenses within five years. At least 48 hours of the sentence must be served consecutively. Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases. Alcohol and Drug Assessment and Treatment: One year. License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.

What Are The Penalties For A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

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 than ten (10) days or more than twelve (12) months of Community Service is optional in all cases. License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months. Alcohol and Drug Assessment and Treatment: One year.

What Are The Penalties For An Under 21 Dui?

Tue, 29 May 2007 21:19:00 GMT

If the driver is under 21 years of age and convicted of first Offense DUI, the driver is subject to penalties including: (i) $100 to $500 fine or 20 hours community labor; and (ii) 30 days to 6 months license suspension. However, if the driver is under 21 years of age but has an alcohol concentration of .08 or higher, the driver will be subject to penalties established for drivers over 21 years of age.

What Are The Penalties For Refusing A Chemical Test?

Tue, 29 May 2007 21:19:00 GMT

If you are operating or in physical control of a motor vehicle anywhere in Kentucky you are deemed to have given your consent to one or more tests of your blood, breath, or urine for purposes of determining alcohol concentration. This is called the implied consent law. At the testing site, at the time a chemical test is requested, you shall be informed that: (1) a refusal may be used against you in court as evidence and will result in revocation of your driver's license; if you refuse and are subsequently convicted of DUI you will be subject to a mandatory jail sentence which is twice as long as the mandatory jail sentence imposed if you submit to the tests; and if you refuse you will not be able to obtain a hardship license. If you submit to the requested tests, you have the right to a test or tests of your blood performed by a person of your choosing within a reasonable time and at your expense. You must be advised of this right and specifically asked, "Do you want such a test?" Remember you must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test. Even if you are acquitted of the DUI at trial, the court shall impose the appropriate license suspension for refusing to submit to a chemical test. For a DUI first offense refusal, a driver's license shall be suspended for 30 days to 120 days. For a DUI second offense refusal, a driver's license shall be suspended for 12 months to 18 months. For a DUI third offense refusal, a driver's license shall be suspended for 24 months to 36 months. For a DUI fourth offense refusal, a driver's license shall be suspended for sixty (60) months.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Minimum limits: $25,000/50,000/10,000. Nofault insurance is required.

What Are The Speed Limits In Kentucky?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 35 mph

What Is "per Se" Dui?

Tue, 29 May 2007 21:19:00 GMT

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 type of DUI, the prosecution need not prove any unsafe driving or "under the influence" condition. The offense is committed simply by having an unlawful alcohol concentration level and "operating" a motor vehicle. Effective October 1, 2000, the prohibited "alcohol concentration" for persons 21yearsold or older is 0.08 grams of alcohol per 210 liters of breath or 100 milliliters of blood. For persons under age 21 at the time of the arrest, the "per se" limit is only 0.02 grams.

What Is "under The Influence Of Alcohol"?

Tue, 29 May 2007 21:19:00 GMT

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.). What is the definition of "under the influence?" In Kentucky, the Judge, prosecutor and defense attorney cannot define "under the influence." Kentucky appeals courts have ruled jurors do not need the definition. Jurors must figure it out for themselves.

What Is A "Repeat Offender"?

Tue, 29 May 2007 21:19:00 GMT

"Repeat offender" status for DUI cases is determined in Kentucky based upon a fiveyear "lookback" period. This status is used for purposes of increased mandatory minimum punishment. This "lookback" period has nothing to do with how long a DUI remains on your record. Whenever the 5year "lookback" period is discussed, the method of counting is from THE DATE OF ARREST for the previous DUI offense (not the disposition or plea date) to the DATE OF ARREST in the current case, and determine if more than five years have expired. The counting of "first", "second", offense etc., relates to the number of offenses within the 5year "lookback" period. This determines the minimum

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Dui Impairment "other Substances"?

Tue, 29 May 2007 21:19:00 GMT

You can be prosecuted for a DUI involving drugs even where a physician prescribes the drugs. Generally these cases often involve "other" substances (marijuana, cocaine, heroine, etc.) in the driver's blood system. The prosecutor is required to prove impairment caused by the drugs in your system. Mere proof of the presence of substance or its "metabolites" is not sufficient to render a conviction. Beyond the DUI penalties set forth above, Kentucky law has other more punitive statutes for possession of drugs. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. However, a person driving a vehicle may face both the DUI offense AND the possession offense. These "possession" statutes are generally felonies, except where less than eight ounces of marijuana are involved.

What Is Dui In Kentucky?

Tue, 29 May 2007 21:19:00 GMT

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 under the influence of alcohol; (2) operating or in physical control of a motor vehicle with a prohibited alcohol concentration; (3) operating or in physical control of a motor vehicle while under the influence of any other substance which impairs driving ability; (4) operating or in physical control of a motor vehicle while under the influence of a combination of alcohol any substance which impairs driving ability; and (5) if under 21 years of age and operating or in physical control of a motor vehicle with a prohibited alcohol concentration.

What Is The Penalty For Driving On A Dui Suspended License For A First Offense?

Tue, 29 May 2007 21:19:00 GMT

The penalty for a first offense of driving on a DUI suspended license is not more than ninety (90) days of jail time and the fine is not more than $250.00. The District Judge will suspend the driver's license for six months. If you are driving DUI while DUI suspended, it is a Class A misdemeanor with not more than 12 months jail time and a fine of not more than $500.00. The license suspension is one year.

What Is The Penalty For Driving On A Dui Suspended License For A Second Offense?

Tue, 29 May 2007 21:19:00 GMT

The penalty for a second offense of driving on DUI suspended license is not more than twelve (12) months of jail time and the fine is not more than $500. The driver's license suspension is one year. If you are driving DUI while DUI suspended, second offense, it is a Class D felony with one to five years jail time and a fine of not less than $1,000.00 or more than $10,000.00. The license suspension is two years.

What Is The Penalty For Driving On A Dui Suspended License For A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

The penalty for a third offense of driving on a DUI suspended license is a Class D felony with between one and five years of jail time and a fine of not less than $1,000 or more than $10,000. The driver's license suspension is two years. If you are driving DUI while DUI suspended, third offense, it is a Class D felony with one to five years jail time and a fine of not less than $1,000.00 or more than $10,000.00. The license suspension is five years. Driving on a DUI suspended license now includes driving on an under21 DUI suspension, refusal, pretrial and interlock device suspensions.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or total property damage exceeding $500 must be reported by the owner or operator of the vehicle (if the accident is not investigated by the authorities) within 10 days to the Justice Cabinet, Frankfort, KY 40601.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

Will I Have To Surrender License Plates Or Install Ignition Interlock Devices?

Tue, 29 May 2007 21:19:00 GMT

All persons convicted of second or greater DUI offenses must have one or the other disabling option imposed by the Court. The Court may impound the license plate or plates of all motor vehicles owned, solely or jointly, by the offender. The suspension of the plate or plates shall not exceed the driver's license suspension time. Family members or others may apply to the Court for a hardship exception. Before or after impoundment, the vehicle can be transferred to a joint owner or sold. In lieu of impounding plates, the Court can order the installation of an ignition interlock device that prohibits starting a vehicle if the driver's breath alcohol level is over 0.02. This option begins after the period of driver's license suspension. This option is obviously more costly and restrictive and will probably not be widely utilized.