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What You Need to Know About DUI Laws in Kentucky

Drunk driving sign w:gavel

Each state in the nation has the autonomy to establish its own set of laws regarding drinking and driving.  There are no federal driving under the influence (DUI) laws. This means that the laws in Kentucky may differ from the law in California, which may differ from the laws in Massachusetts, etc. If you have been arrested for a DUI in Kentucky – or have questions about your loved one’s arrest – the following includes just some of  what you need to know about DUI laws in Kentucky. Remember, for more specific answers to any questions that you may have, contacting an experienced DUI defense attorney is within your best interest.

What’s the BAC Limit in Kentucky?

A person commits a DUI crime in the event that they operate their vehicle with a blood alcohol concentration (BAC) level that is above the legal limit. In Kentucky, the BAC limit is .08 percent. The number of drinks that it will take for a person’s blood to reach a .08 percent alcohol concentration will depend upon a number of factors (like gender, body fat, food, etc., and time frame in which drink is consumed. For example, four (4) beers within six (6) hours and four (4) beers within five (5) minutes may lead to very different BAC levels. 

What Happens When I’m Pulled Over for Drinking and Driving?

Another important thing to know is what will happen in the event that you are pulled over for drinking and driving (or another traffic offense) and what you rights are when this happens.

Under Kentucky’s implied consent law, you have a legal obligation to submit breath testing in the event that you are pulled over and a law enforcement officer asks that you do so. Under Kentucky Revised Statutes 189A.010, you have the right to refuse to submit to testing, but if you do, you will be subjected to a pre-trial suspension of your Driver’s License sentence.

While the mandatory minimum sentence and pretrial suspension for refusing a breathalyzer or blood test may make you think twice about refusal, keep in mind that without blood or breath tests, it can be very difficult for the prosecution to convict you of DUI. For this reason, refusal of such tests is often advised.  Additionally, you may be able to use an ignition interlock device and continue driving even after a pre-trial suspension.

How Will I Be Penalized if I’m Convicted of a DUI?

Lawmakers in Kentucky have created laws that harshly penalize the act of driving while under the influence of alcohol (or drugs), 1st offense. If you are convicted, penalties may range from the potential community labor, 30-120 days license suspension, 0-30 days jail time, fines of hundreds of dollars, mandatory classes, etc.

Are There Any Defenses to a DUI Charge?

Yes! The good news is that being arrested and charged with a DUI does not necessarily mean that you will be convicted; there are numerous defenses to DUI that can help to improve your chances of walking away without a mark on your record. Some defenses include a lack of knowledge of intoxication (i.e. your drink was spiked), improper testing procedures or faulty testing equipment, unlawful stop, unlawful search and seizure, lack of intoxication, and more.

Work with a Kentucky DUI Defense Attorney Today

If you are charged with a DUI, the best thing that you can do to protect your rights is to call an experienced Kentucky DUI defense attorney as soon as possible. At the Ron Aslam Law Offices, we will do everything we can to help you understand your rights and build a strong defense. Contact us today by phone or online to schedule your free case consultation.  Call us at (502) 581-1676.