Drivers who operate a vehicle while under the influence face penalties, fines, and possibly license revocation in practically every state in the United States. Alcohol, narcotics, inhalants, and other substances have an effect. Kentucky is not an exception as well. The state makes every step to avoid accidents due to DUI. So, the first of them is a penalty.
Penalties for DUI
As mentioned above drivers who operate the car under the influence of any substance face penalties. The penalty types differ based on the substance abuse level.
First of all, you may face jail period. However, it can be a minimum of 48 hours up to a month if it’s your first offense. In some cases, you may be involved in community service instead.
Generally, the first conviction involves the following factors:
passenger under 12
15% or more BAC results
However, sometimes the police may just ask to pay a fine of up to $500 (min. $200). The additional expenses are not included here. Take into account that you have to undergo a 90-day substance misuse program as well.
Generally, in addition to the penalties, your permit may be revoked from a month to two if it’s your first time. If you want to reinstate your license, you should submit proof of completion. Moreover, an IID ( interlock device) has to be installed.
Anyone who can demonstrate hardship, treatment enrollment, and an installed IID is able to ask for a hardship permit. During the revocation period, this temporarily limited permit allows the driver to operate a vehicle for job, education, or treatment purposes.
DUI Plea Bargaining
Prosecutors may alter DUI charges unless the driver declined a breath or blood test. As a result, some fines can be reduced or eliminated through plea bargaining.
Recently, the DUI suspension periods have been shifted. The following are the new suspension times:
1st Offense - 90 Days: Substance Abuse Program
2nd Offense - 1 Year: Substance Abuse Treatment
3rd Offense - 1 Year: Substance Abuse Treatment
4th Offense - 1 Year: Substance Abuse Treatment
Note: If the court decides that you did refuse to submit to the testing, they shall suspend the person's driver's license for the period it would have been suspended.
Ignition Interlock Program (KIIP)
If the individual decides to participate in the KIIP, their suspension time will be reduced. An ignition interlock license entitles to operate only a motor vehicle or motorbike equipped with a functional ignition interlock device.
You must be violation-free for 90 or 120 consecutive days, depending on the infraction, to be eligible for the suspension reduction program. Suspension periods can be cut down to as little as 90 days in an alcohol misuse program with no violations or 4-month license revocation.
The following are infractions, and any of them will result in a halt to the consecutive day requirement:
Failure to take any random breath alcohol test unless a check of the digital image establishes that the driver was not in the motor vehicle or motorbike at the time the test was missed.
Failure to pass any random retest with a breath alcohol content of 0.02 or less unless a subsequent test done within 10 minutes indicates a lower breath alcohol concentration
Failure to appear at the ignition interlock device provider as necessary for maintenance, repair, calibration, monitoring, inspection, or replacement of the device by the individual or their designee.
Failure to pay legally mandated costs (KRS 189A.340)
tampering with a previously installed ignition interlock device