Ask A DUI Lawyer: What Is The Minimum Jail Time For DUI In Kentucky?

One of the questions that I receive as a DUI lawyer is “Will I have to serve jail time for a DUI First Offense?” Being charged with driving under the influence is a serious matter regardless of whether this is your first offense or your fourth offense. The punishments for a Kentucky DUI conviction can be severe even if you have no criminal record and this is the first time you have ever been charged with driving under the influence.

The best way to protect your legal rights and reduce the risk of serving the maximum amount of time in jail is to contact a DUI lawyer as soon as possible. The criminal defense attorneys of Musselwhite Meinhart & Staples, PSC offer free consultations so you can get the legal advice you need regarding your DUI charge. Contact our office by calling 270-506-4052 to speak with an experienced DUI lawyer.

Penalties for a Kentucky First Offense DUI

Kentucky’s DUI laws are found in Kentucky Revised Statute 189A.101. The statute provides the legal limit for blood alcohol content and the punishments for driving with a blood alcohol content at or above the legal limit of .08 BAC. The statute also describes the aggravating circumstances that can enhance a person’s sentence for driving under the influence.

A DUI First Offense in Kentucky is charged as a Class B Misdemeanor. If convicted of DUI First Offense, you face the following punishments:

A minimum fine of $200 with a maximum fine of $500;
Minimum jail time of 48 hours with a maximum of 30 days in prison; and/or,
Thirty (30) days license suspension with a 120 day maximum.

The law requires the judge to impose a fine or imprisonment OR both. However, if the judge does impose jail time, a first offender may apply to have the jail time served as community service in lieu of serving jail time. There is no guarantee that a judge will grant this request.

In addition to the above punishments, you will also be required to pay court fees and complete an alcohol education class if convicted of DUI in Kentucky.

What Happens If An Aggravating Circumstance Is Present?

If an aggravating circumstance is present, the minimum jail time is doubled and you must serve at least the minimum jail sentence without possibility of early release. Therefore, if you commit an aggravating circumstance, you must serve a minimum of four days in jail for a conviction on a charge of DUI First Offense.

The aggravating circumstances under Kentucky’s DUI laws are:

Speeding at 30 mph or more;
Traveling in the wrong direction on a limited access highway;
Causing an accident that results in the death or serious injury of another person;
Having a blood alcohol content of .15 or higher;
Refusing to submit to a BAC test of your blood, breath, or urine based on reasonable cause and requested by an officer; and/or,
Having a child in the car that is under the age of 12 years.

If you commit two or more aggravating circumstances, the minimum jail time will not increase based on the number of aggravating circumstances. However, if you have more than one aggravating circumstance, the prosecutor may recommend the maximum sentence allowed by law and the judge may be included to grant the prosecution’s recommendation.

Contact an Experienced Kentucky DUI Lawyer

We’ve Helped Thousands of KY Families, we can help you!

As you can see, the penalties for a DUI First Offense can be stiff. Serving jail time, paying a fine, and losing your license are all inconvenient and could possibly jeopardize your job. If you are charged with DUI, it is important that you contact a DUI lawyer as soon as possible.

Being charged with driving under the influence is not the same thing as being guilty of driving under the influence. The state must still prove you were violating the law in order to obtain a conviction. The officers must have obeyed the law with regard to the DUI stop, arrest, and BAC tests. An experienced DUI lawyer will investigate your DUI arrest to ensure your constitutional rights were not violated. You may have a valid defense to the criminal charge. However, the sooner a DUI lawyer can begin his investigation the more chance you have of beating a DUI charge.

Musselwhite Meinhart & Staples, PSC represent clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a free consultation with an experienced DUI lawyer. You may also contact our office through our convenient online contact form.