If you are charged with drinking and driving in the state of Kentucky you will be prosecuted under violation of the code that prohibits driving while impaired because of alcohol or any drug legal or otherwise or for violating the law that prohibits driving with a blood alcohol level of over .08 percent.
More articles on DUI Laws in Kentuckyt
In the pass in Kentucky prosecutors had to prove that you were impaired by alcohol while driving in order to get a conviction. This could be pursued without any testing. If someone did not want to take a chemical test he could still be charged with impaired driving.
Now in Kentucky you can be charged even if your driving was not impaired based off the results of testing ones blood, breath, or urine which you cannot refuse. So you can be charged even if your driving is perfect.
To determine whether you are a multiple case offender or repeat offender the state of Kentucky looks back at your driving history for five years prior to the current offense. Any violation found within this time period will count as one offense.
The First time you are charged with driving under the influence in Kentucky you will be facing the follow punishments:
The penalties get progressively worst with each subsequent offense.
The new driving under the influence rules in Kentucky, started at the beginning of last decade added what is called 6 aggravating factors, that if present, double sentences that are mandatory and are non-negotiable. These factors only increase jail time. They do not effect fines, fees and license revoking.
Kentucky driving under the influence laws has a feature that is not practiced in any other state. If you arrested for drunk driving, you now must be allowed make an attempt to get a hold of an attorney. If you cannot contact an attorney you are still obligated to take blood alcohol content test.
This overview of laws in Kentucky is by no mean exhaustive and should not be taken as legal advice. If you are arrest for DUI please get adequate legal representation.