Drunk driving defense is highly specialized, and requires an extensive knowledge of Kentucky DUI / DWI laws. The consequences of a drinking and driving arrest are high, so it’s critical to have a skilled attorney fighting for the driver’s rights. The experienced attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can develop a proven defense strategy designed to create reasonable doubt in the driver’s guilt and reduce or eliminate the negative consequences of a Kentucky DUI / DWI / DWI arrest.

Kentucky DUI / DWI cases can be pursued under two different theories: Violating the law prohibiting driving under the influence of alcohol or other drugs, which relates to a loss of one's physical or mental faculties as the result of drinking; or by violating Kentucky's per se law, which is another way of saying that the driver had a blood alcohol content (BAC) of .08 percent or greater.

The first allegation, driving under the influence, is proven with circumstantial evidence such as field sobriety test results and driving patterns. The second offense, violation of the per se laws, is proven with the results of a blood, breath or urine test.

Kentucky "repeat offender" status for DUI / DWI cases is based on a five-year "lookback" period for priorability. This means that a second or subsequent offense committed within five years of an earlier offense is treated as a multiple DUI / DWI. If more than five years has elapsed since the earlier offense, the arrest is treated as a first-time drunk driving offense. The "lookback" period is calculated from arrest date to arrest date.

A driver arrested for a first-time DUI / DWI in Kentucky faces 48 hours to 30 days in jail and a $200 to $500 fine plus fees. In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program 48 hours to 30 days. The driver’s license also will be suspended for 30 to 120 days, and the motorist must complete a court-ordered alcohol treatment program.

A driver convicted of a second DUI / DWI offense in Kentucky faces a jail sentence of seven days to six months and a fine of $350 to $500 plus fees. In addition, the driver will lose his or her license for 12 to 18 months and must complete a one-year alcohol treatment program.

A third Kentucky drunk driving offense can bring a 30-day to one-year jail sentence and a fine of $500 to $1,000 plus fees. The driver also will lose his or her license for one to two years and must complete a one-year alcohol treatment program.

A fourth Kentucky DUI / DWI offense is considered a Class D felony and carries one to five years in prison plus a $1,000 to $10,000 fine. The driver will lose his or her license for five years and must complete a one-year alcohol treatment program.

Under Kentucky law, there are also six aggravating factors that double the mandatory minimum jail sentence. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions.

The aggravating factors are operating a motor vehicle more than thirty mph above the speed limit; operating a motor vehicle in the wrong direction on a limited access highway; causing an accident resulting in death or serious physical injury; having a BAC of .18 percent or greater within two hours of driving; refusing to submit to a chemical test; or having a child under the age of 12 in the vehicle.

Kentucky drunk driving law is unique in one key respect: Any driver arrested on suspicion of DUI / DWI must be given an opportunity to contact a lawyer. Having an expert lawyer fighting for the driver’s rights may result in having the negative consequences of a drinking and driving arrest reduced or even eliminated. The experienced attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the skills and expertise needed to defend a drunk driving charge anywhere in Kentucky.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.