- Kentucky DUI
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Kentucky Drunk Driving - An Overview
Kentucky DUI cases can be charged in two different ways: either violating the law prohibiting driving under the influence of alcohol (or other drugs), which relates to a loss of one's physical or mental faculties as the result of drinking; or by violating Kentucky's per se law, simply by driving with an alcohol level of .08% or more. (For drivers under the age of 21, the limit is .02%.)
Before political groups, such as MADD (http://www.madd.org), took over the legislative process, to get a DUI conviction in Kentucky the government had to prove driver was "under the influence of alcohol." This type of case is pursued even if no alcohol content test result exists from a blood, breath or urine test. Most cases in which a suspected impaired driver refuses a chemical test of his or her blood, breath or urine are prosecuted as "under the influence" cases. Cases in which the driver does not test above the legal limit can be prosecuted as "under the influence" cases.
The DUI Process Manual - has helped thousands save considerable amounts of money on everything from legal fees to auto insurance and court costs as well as enabling people to clear their DUI records and successfully pass pre-employment background checks. It is a must have resource if you have a DUI or even an old DUI conviction record .
Now, drunk driving cases can be brought even if there is no impairment to a person's driving, due to the per se laws. These laws criminalize driving based upon the "science" of blood or breath alcohol testing, and being above a certain level, even if there is nothing whatsoever wrong with the way the person is driving.
Kentucky "repeat offender" status for DUI cases is determined based upon a five-year "lookback" period. This status is used for purposes of increased mandatory minimum punishment. This "lookback" period has nothing to do with how long a DUI remains on your record. For purposes of Kentucky law, the "lookback" period is calculated from arrest date to arrest date.
Kentucky DUI Convictions:
Kentucky BAC Per Se: 0.08%
High BAC: 0.20%
BAC Zero Tolerance: 0.02%
Kentucky Implied Consent Law/Test Refusal Consequences: Yes. If you refuse to take an alcohol test, your license will automatically be suspended starting at 90 days for a first offense
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