Do I Need A DUI Attorney For A Felony DUI In Kentucky? - Musselwhite Staples Hafley & Johnson

Have you been charged with driving under the influence in Kentucky? Depending on the facts of your case, you could be facing a felony DUI charge. If so, you need an experienced DUI attorney right now in order to mitigate the negative consequences, if possible. The criminal defense attorneys of Musselwhite Meinhart & Staples, PSC can help.

What is Driving Under the Influence in Kentucky?

According to KRS 189A.010, Kentucky makes it a crime to drive under the influence of alcohol and drugs. The statute states, “Operating [a] motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability [is] prohibited.” The statute also sets forth the minimum and maximum fines and prison sentences if convicted of a Kentucky DUI charge. Even though the law is very clear on what constitutes driving under the influence, there are still DUI defenses available

Because the law prohibits driving under the influence of substances that “impair” your ability to drive, you could be convicted of drugged or drunk driving even though your BAC is below .08 at the time of your arrest. Under the right circumstances, you could be arrested for impaired driving if you have taken a prescription medication or even an over-the-counter medication if the state can show that your driving was “impaired” by the drug. Likewise, your BAC could be well under the legal limit of .08 but if the state can prove your driving ability was impaired, you could be convicted of DUI and sentenced to the same penalties as someone how had a .10 BAC at the time of arrest.

What is Considered Felony DUI in Kentucky?

The number of past offenses is the element that increases a DUI charge to a felony. First, second, and third offenses are considered misdemeanors; however, a fourth offense DUI (and subsequent offenses) is considered a Class D felony in Kentucky. If convicted of a DUI Fourth Offense, you can receive:

A fine between $1,000 and $10,000;
One to five years in jail with a mandatory minimum of 120 days served in jail;
License revocation for 60 months with no hardship license option; and,
A one year mandatory alcohol and drug assessment program and treatment.

In addition to the above penalties, you face additional penalties if the court finds aggravating circumstances existed at the time of your DUI arrest. The existence of aggravating circumstances enhances the jail time by doubling mandatory sentences. Therefore, if an aggravating circumstance is found, the minimum jail time for a Felony DUI conviction will double to 240 days. You must serve a minimum of 240 days with no possibility of early release.

Kentucky Revised Statutes provide a list of aggravating circumstances:

Speeding 30 miles or more above the posted speed limit
Traveling the wrong direction on a limited access highway
Involving an accident that results in injury or death
A blood alcohol concentration of .15 or higher
Refusing to submit to an officer’s test for alcohol concentration
Having a child 12 years of age or under in the vehicle

Any one of the above circumstances is sufficient to double the mandatory prison sentence for a Kentucky Felony DUI. If more than one aggravating circumstance is present, the jail time will not double again; however, if the prosecution finds more than one aggravating circumstance, it will argue that you deserve the maximum sentence allowed by law.

Because you could potentially be facing up to five years in prison and a $10,000 fine, it is extremely important that you consult with a DUI attorney as soon as possible if you are charged with driving under the influence. An experienced Kentucky DUI Attorney will investigate the circumstances surrounding your arrest to ensure your rights have not been violated and to determine the best course of action to achieve the most positive outcome available under Kentucky DUI laws.

Contact an Experienced Kentucky DUI Attorney

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

Musselwhite Meinhart & Staples, PSC helps individuals who have been charged with driving under the influence of drugs and/or alcohol in Kentucky. Kentucky has extremely tough drunk driving laws; therefore, if you are charged with driving under the influence, you need a DUI attorney at your side to ensure you are treated fairly by the courts. A DUI conviction has consequences that go far beyond a simple fine. If you have been charged with drunk or drugged driving, call our office now to speak with an experienced DUI attorney.

Our law firm represents clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a free legal consultation with an experienced DUI attorney. You may also contact our office through our convenient online contact form.