In the Commonwealth of Kentucky, each time you are charged with a DUI the penalties are enhanced. As long as the previous offense occurred within a ten-year period, any subsequent DUI is subject to enhancement of penalties. Some counties use offenses outside the ten-year period if there has been a subsequent offense, effectively “resetting” the clock, while others will only look back a total of ten years.
For example, in the first instance, if a person is charged with a DUI first offense in 2005, a DUI second offense in 2008, and receives another DUI in 2012, that “third” DUI will be counted as a DUI third offense, despite the fact that the 2005 DUI is outside the ten-year window. However, in the second instance, the “third” DUI will be counted as a second offense because only one prior DUI falls within the ten-year period, namely the one that occurred in 2008.
If you have been charged with a DUI and you are under the age of 21, read the section on under 21 DUI, as it carries different penalties with it.
Listed below are the penalties for each DUI offense per KRS 189a.010(5).
First Offense Within a Ten Year Period (KRS 189a.010(5)(a))
*If aggravating circumstances present-4 days imprisonment
Second Offense Within a Ten Year Period (KRS 189a.010(5)(b))
*If aggravating circumstances present-14 days imprisonment
Third Offense Within a Ten Year Period (KRS 189a.010(5)(c))
*If aggravating circumstances present-60 days imprisonment
Fourth Offense Within a Ten Year Period (KRS 189a.010(5)(d))
*If aggravating circumstances present-240 days imprisonment
If you have been charged with a Kentucky DUI, you need competent and experienced counsel to help you with your case. Do not delay, call Larry “The DUI Guy” Forman with Forman & Associates today!
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