Kentucky DUI Laws

By Smith & Wilcutt, LLC  Jan. 6, 2014 4:30p

DUI stands for driving while under the influence of alcohol and / or drugs. In the state of Kentucky, a DUI includes driving while influenced by alcohol, drugs, or inhalants such as glue, gasoline, or spray paints. Drugs can include street drugs such as marijuana, cocaine, and amphetamine as well as prescription medicines and even over-the-counter drugs which can impair your driving such as sleep aids, allergy and cold medicines, and cough syrup. Like other states, in Kentucky you are over the legal limit if your blood alcohol concentration (BAC) measures .08 percent or more on a breathalyzer or blood test. This test must be conducted within 2 hours of an arrest. When your BAC measures .08 percent or higher, you can be convicted on a "per se" violation without any evidence necessary of impairment.

If your BAC measures less than .08 percent, evidence of impairment must be presented for a conviction. For drivers with a commercial license, a BAC of .04 percent constitutes a DUI. For drivers under the age of 21, it is illegal to drive with a BAC of .02 percent or more.

A first offense DUI in Kentucky is punishable by fines from $200 to $500, 2 to 30 days in jail, a 90 day alcohol or substance abuse program, a license suspension of 30 to 120 days, and possible community service of 48 hours to 30 days. Repeat offenses carry more severe punishments as do offenses that are aggravated by certain factors such as an usually high BAC or transporting minors under the age of 12.

Criminal Defense Attorney in Bowling Green, Kentucky

If you have been arrested for a DUI anywhere in western Kentucky, you need to act promptly by getting legal advice and guidance from an experienced DUI defense attorney. Just because you have been arrested does not necessarily mean that you will be convicted. Various defenses exist which may be utilized on your behalf. You won't know what can be done in your defense until you sit down with a competent attorney who can review and evaluate your case.

Smith & Wilcutt, LLC is a criminal defense firm based in Bowling Green that has close to 15 years of legal experience. The attorneys at the firm are committed to providing you with capable and determined legal representation. They have a record of success in the courts in handling all types of criminal cases, from DUI to drug charges, theft crimes, sex crimes, and more. They offer honest and objective legal counsel and will work vigorously to help you obtain the best possible outcome. The firm accepts and negotiates payment plans that are tailored to fit your situation. Contact the firm to arrange for a free case consultation to get started today.

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