DUI / DWI Attorney in Frankfort, Kentucky

Many serious consequences can arise from a driving under the influence (DUI) conviction. Being charged with a DUI in Frankfort, KY can affect your job, insurance rates, driving privileges, and even your liberty. Jason Hart is an experienced DUI attorney. The penalties for subsequent DUI offenses increase if they occur within years. He can discuss details of your case including why you were pulled over and whether the breath, blood, or urine test was administered correctly, and he can work to build a strong defense to avoid DUI conviction or help mitigate punishment. He can also discuss with you whether the implied consent was correctly given and whether there are legal challenges available for any blood, urine, or breath test results. Your attorney can also move to suppress any incriminating statements made while in custody without a Miranda warning being provided and move to suppress any other illegally obtained evidence. It is important to understand the changes to Kentucky DUI/DWI law in effect as of July 1, 2020, which is listed below. 

DUI 1st Degree Penalties (First Offense Within 10 Years) 

  • Fine: $200 to $500.
  • Possible jail sentence: Up to thirty (30) days in jail. If there is an aggravating circumstance there is a minimum of four (4) days to serve in jail. 
  • Costs and fees: Court costs, Driving Under the Influence Service Fee, Treatment Program Fee, County Fees, and State Fees. 
  • License Suspension: Four (4) months if the offender meets the consecutive requirement with an interlock device for ninety (90) days. If the individual charged is under the age of eighteen (18), then until he or she is eighteen (18), whichever is longer. May only apply for a hardship license after the minimum suspension period expires.
  • ADE: Alcohol Drug Education (ADE) Courses must be completed over a ninety (90) day period. 
  • Ignition Interlock Device: First-time offenders will be required to install an ignition interlock device (IID) into their vehicle or face stricter penalties. Refusal of the IID can result in one hundred and twenty (120) day suspension of license. 
  • Although a refusal to submit to breath, blood, or urine is not grounds for an aggravator on a DUI 1st offense, such a refusal will be grounds to pre-trial suspend an individuals license. 

DUI 2nd Degree Penalties (Second DUI Offense Within 10 Years)

  • Fine: $350 to $500. 
  • Mandatory jail sentence: Minimum seven (7) day jail sentence up to six (6) months in jail. If there is an aggravating circumstance, there is a minimum sentence of fourteen (14) days to serve in jail. 
  • Costs and Fees: Same or similar for a DUI 1st offense. 
  • License Suspension: Twelve (12) to eighteen (18) month license suspension. If the individual charged is under the age of eighteen (18), then until he or she is eighteen (18), whichever is longer. May only apply for a hardship license after the minimum suspension period expires.
  • ADE: Participation in one (1) year of alcohol drug education program (ADE).
  • Ignition Interlock Device (IID): is mandatory for twelve (12) months and meet the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the Ignition Interlock License. 

DUI 3rd Degree Penalties (Third DUI Offense Within 10 Years)

  • Fine: $500 to $1,000.
  • Mandatory jail sentence: Thirty (30) days to twelve (12) months in jail. If there is an aggravating circumstance, there is a minimum sentence of sixty (60) days to serve in jail. 
  • Costs and Fees: Same or similar for a DUI 1st offense.
  • License Suspension: Eighteen (18) months for a person who is issued an ignition interlock license (IIL) and who meets the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the IIL or thirty-six (36) months. May only apply for a hardship license after the minimum suspension period expires.
  • ADE: Completion of Alcohol and Drug Education courses within one (1) year time. 
  • Ignition Interlock Device (IID): mandatory for eighteen (18) months.

DUI 4th Degree Penalties (Fourth Or Subsequent DUI Offense Within 10 Years)

  • Fine: $1,000 to $10,000. (Class D felony fine).
  • Mandatory jail sentence: At least one hundred and twenty (120) days must be served. One (1) year to five (5) years in prison. DUI 4th Degree is a class D felony. If there is an aggravating circumstance, there is a minimum sentence of two hundred and forty (240) days to serve in jail. 
  • Costs and Fees: Same or similar for a DUI 1st offense.
  • Mandatory installation of Ignition Interlock Device (IID).
  • License Suspension: Thirty (30) months suspension with Ignition Interlock license. Sixty (60) months for all others. No hardship license. 
  • ADE: Completion of Alcohol and Drug Education courses within one (1) year time. 

AGGRAVATING FACTORS

There are six aggravating factors in the Commonwealth. Aggravating factors enhance the minimum DUI jail sentences. 

The aggravating factors are:

  • Operating a motor vehicle over thirty (30) miles per hour above the speed limit;
  • Operating a motor vehicle in the wrong direction on a limited-access highway;
  • Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  • Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath is taken within two (2) hours of cessation of operation of the motor vehicle;
  • Refusing to submit to any test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws (Does not apply for DUI 1st Degree);
  • Operating a motor vehicle transporting a passenger under the age of twelve (12) years old.

INTERLOCK IGNITION DEVICES

Interlock Ignition Devices (IID) are required for first offenders with aggravating circumstances and repeat offenders. License and plate impoundment may be ordered if the ignition interlock requirements are not met. Please consult a qualified DUI attorney to determine if and when you can apply for an interlock ignition device.