How Long Will My License be Suspended?

There are likely many things going through your mind when you realize you will be facing driving under the influence, or DUI, charges. One of your many fears may be wondering if your license will be suspended if you are convicted. Although only a qualified Kentucky criminal defense attorney can give you advice specific to your situation, understanding the sentencing guidelines for DUIs can beneficial.

Your first conviction for DUI in a five year period in the Commonwealth of Kentucky is regarded as your first offense. This means that if you were convicted of a DUI today and then were convicted of another one in six years, both of them would be considered your first offenses.

Your first offense will result in having your license suspended for 30 to 120 days. A second offense will result in losing your license for 12 to 18 months. A third offense will result in a suspension of 24 to 36 months. A fourth or subsequent offense will result in a 60 month suspension.

In addition to actual conviction of a DUI, your license can be suspended if you refused to submit to a breath, blood or urine test pursuant to Kentucky’s Implied Consent law. A breath test is used to determine your blood alcohol content, or BAC. The Implied Consent law essentially says that by simply having a driver’s license in Kentucky you are consenting to having your blood, breath, and urine tested for any substances, including alcohol, that could impair your ability to safely operate a motor vehicle. Despite this, the Implied Consent law does not mean that you must submit to these tests. Instead, it means that you will be penalized with the suspension of your license for a period of time if you choose to refuse a BAC test.

The penalty for refusing to submit to a breath, blood or urine test for a first offense will result in your license being suspended for 30 to 120 days. A second offense will result in a suspension of 12 to 18 months. The third offense will result in a suspension of 24 to 36 months. A fourth or subsequent offense results in a suspension of 60 months.

In addition, any jail time you are sentenced to as a result of the conviction is subject to being doubled if you refused the breath, blood or urine test other than for a first offense. Finally, refusing the test can be used against you as evidence of your guilt should you decide to take your DUI case to trial.

As you can see, there is a potential to lose your license for a very long time if you are arrested and charged with DUI in Kentucky. For this reason, it is imperative that you contact an experienced Kentucky criminal defense attorney immediately if you are charged with DUI in Kentucky.