DUI / DWI

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 a period of 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. 

DUI 1st Degree Penalties (First Offfense 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 four (4) days to servce in jail. 
  • Costs and fees: Court costs, Driving Under the Influence Service Fee, Treatment Program Fee, County Fees, and State Fees. 
  • License Suspension: Thirty (30) days to one hundred and twenty (120) 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 licesnse after the minimum suspension period expires. Possible iginition interlock device if aggravator is found. 
  • 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 Offfense Within 10 Years)

  • Fine: $350 to $500. 
  • Madatory 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 licesnse after the minimum suspension period expires.

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

  • Fine: $500 t0 $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: Twenty four (24) to thirty six (36) month license suspension. May only apply for a hardship licesnse after the minimum suspension period expires.

DUI 4th Degree Penalties (Fourth Or Subsequent DUI Offfense 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 fourty (240) days to serve in jail. 
  • Costs and Fees: Same or similar for a DUI 1st offense.
  • License Suspension: Five (5) year liense suspension. No hardship license. 

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 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 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.