Penalties for DUI and Aggravating Circumstances

DUI Offense Penalties

KRS 189A.010(5) and KRS 189A.070(1) provides gradations of penalties which depend on whether the driver has been previously convicted of DUI within the past five years. In addition to the punishments listed below, DUI offenders incur a service fee and must complete substance abuse training. KRS 189A.050 and KRS 189A.040.

License Suspension

Fine

Incarceration

Offense Level

First Offense

30 – 120 days

$200 – $500

48 hours – 30 days

Class B Misdemeanor

Second Offense

12 – 18 months

$350 – $500

7 days – 6 months

Class B Misdemeanor

Third Offense

24 – 36 months

$500 – $1,000

30 days – 12 months

Class A Misdemeanor

Fourth (and subsequent) Offense

60 months

$1,000 – $10,000.KRS 534.030(1).

1 year – 5 years (mandatory minimum of 120 days to be served).KRS 532.060(2).

Class D Felony

 

DUI Aggravating Circumstances

KRS 189A.010(11) imposes additional penalties when “aggravating circumstances” are present. These circumstances include operating a motor vehicle:

  1. At 30 miles per hour or more over the speed limit
  2. In the wrong direction on a limited access highway
  3. That causes an accident that results in death or serious injury to another person
  4. With a blood alcohol concentration of 0.15 or more
  5. And refusing to submit to an officer’s test for alcohol concentration
  6. While transporting a passenger under 12 years of age

If aggravating circumstances are present, minimum periods of jail time are doubled, and service of that minimum period becomes mandatory, with no possibility of an early release. KRS 189A.010(5). Thus, in addition to the penalties listed above, the jail terms for DUI offenders with aggravating circumstances are as follows:

  • First Offense with Aggravating Circumstances: Mandatory minimum sentence 4 days
  • Second Offense with Aggravating Circumstances: Mandatory minimum sentence 14 days
  • Third Offense with Aggravating Circumstances: Mandatory minimum sentence 60 days
  • Fourth (and subsequent) Offense with Aggravating Circumstances: Mandatory minimum sentence 240 days

While the presence of two or more of these factors does not trigger additional sentence enhancements, prosecutors may be more apt to advocate longer jail terms within the penalty range.

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