In the state of Kentucky you can be arrested for driving under the influence (Kentucy DUI) in one of two ways. If your driving appears to be impaired, you can be arrested for drunk driving. Also, the state has a per se law that states that you can be arrested even if your driving is fine if your blood alcohol content (BAC) is .08% or higher. However, you can be arrested for DUI if your BAC is less than .08% if your driving is obviously impaired.DUI Arrests in Kentucky
Once you are pulled over and taken into custody on suspicion of DUI, Kentucky law guarantees you the right contact an attorney. You must be given 10 to 15 minutes to attempt to contact a lawyer before you are asked to give the breath, blood, or urine BAC test. Contacting a lawyer will help you protect your rights as you head into trial.
In order to be valid, the BAC test must be performed within 2 hours of your arrest. If you refuse to take the BAC test after your arrest, you will face strict consequences. This evidence can be used against you in court. Even if you are acquitted of the DUI charge, you will still have to face the penalties for test refusal.
Being charged with DUI in Kentucky will send you to court to determine your guilt and which punishments you deserve. Having a lawyer working with you at both your trial will help you protect your rights and get the least possible amount of consequences.Basic Consequences for First Time Offenders
If your Kentucky DUI arrest is your first or your first within a five-year time frame, you can expect to face the following consequences:
If you have any aggravating circumstances or are facing a subsequent DUI offense, you will have stricter penalties. Aggravating circumstances include the following:
For these aggravating circumstances you will face at least 4 days in jail, without exception.License Suspensions for Kentucky DUI You will also face license suspensions as a result of your Kentucky DUI arrest. You can expect to face the following suspension times:
First, second, and third offenders can apply for a hardship license after serving a portion of the suspension time. This license will allow them limited driving privileges. There are no provisions for hardship licenses for fourth time offenders.Insurance Consequences
Whether you are applying for a hardship license or are ready to get your regular license back after serving your suspension time, you will need to prove that you have insurance before you will be given the license. Having a Kentucky DUI offense on your driving record will make getting insurance difficult. Your current insurance company may choose to drop your coverage or increase your rates. If you are dropped, you likely will find it difficult to get coverage with a new company.