An alcohol content reading of 0.02 or higher is the level for per se (legally DUI) intoxication for persons under the age of 2l at the time of arrest that are accused of violating the DUI law. This means if you are under 21 years of age and submitted to law enforcement's test and the result was 0.02 or higher, you may be accused of driving with an unlawful alcohol concentration, plus be accused of DUI "under the influence" based on other evidence (including manifestations of impairment, driving conduct, or other evidence)

An alcohol concentration reading of 0.04 or higher is the level for per se (legally DUI) intoxication for persons accused that were stopped while operating a commercial vehicle. This means that if you submitted to law enforcement's test and the result was 0.04 or higher, you may be accused of driving a commercial vehicle while having an unlawful blood alcohol level. If a driver is stopped in a commercial vehicle and the prosecution's test reveals ANY alcohol, a 24-hour out-of-service order will be issued.

An alcohol concentration of 0.08 or more is the level for per se (legally DUI) intoxication for persons who are age 21 and older and accused of violating Kentucky laws. This means if you submit to testing and yield a result over .079, you will be accused of driving with an unlawful blood alcohol concentration. No evidence of bad driving or visible signs or manifestations of impairment are REQUIRED to obtain a conviction for this type of DUI.

Other than the two methods of proving DUI-alcohol for the various "types" of vehicles or drivers, Kentucky law also provides for prosecution of other types of "impaired" driving. A person can be prosecuted for driving under the influence of (1) any other substance or combination of substances which impairs one's driving ability (prescribed or non-prescribed) and (2) the combination of alcohol and any other substance which impairs one's driving ability. Depending on the type of evidence available (i.e., from a blood or urine test), a prosecutor can proceed on any or all of these "types" of DUI.

"Repeat offender" status for DUI cases is determined in Kentucky 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. Whenever the 5-year "lookback" period is discussed herein, the method of counting is from THE DATE OF ARREST for the previous DUI offense (not the disposition or plea date) to the DATE OF ARREST in the current case, and determine if more than five years have expired.

The counting of "first", "second", offense etc., relates to the number of offenses within the 5-year "look-back" period. This determines the minimum punishment that must be assessed if a guilty verdict or plea is entered

You are not required under Kentucky law to submit to preliminary breath testing or divided attention testing. The refusals to submit to such testing are not admissible in any trial. A preliminary breath test is usually conducted at the scene of the stop. A small, hand-held device is usually offered to the accused. Divided attention testing is also called field sobriety tests by law enforcement. Such exercises are not tests and in no way measure sobriety. Generally, law enforcement will ask you to hold one foot in the air with your arms pinned to your sides while counting to 30 by thousands (one, one thousand, two, one thousand, etc.). Another popular police manufactured exercise is the walk-and-turn, which requires the accused to walk nine steps heel-to-toe forward, turn, and walk nine steps heel-to-toe back all the while with arms pinned to sides. A third so-called test is the horizontal gaze nystagmus (HGN) wherein the officer will wave his finger or some other object before an accused's eyes to allegedly measure determine whether or not the eyes exhibit jerking motions at certain locations. Appeals courts in at least half of the states that have ruled on the issue have rejected HGN testing. Sadly, Kentucky still permits law enforcement officers to testify about HGN.

PRACTICAL TIP: Under no circumstances should you take a preliminary breath test or any so-called field sobriety test. The officer will attempt to intimidate or harass you into taking these tests, but you should respectfully decline. Polite refusals: "No sir I am not required under Kentucky law to submit to a preliminary breath test." "No sir, there is no connection between being able to stand on one leg and operating a motor vehicle safely in the Commonwealth of Kentucky." "No sir I just recently had my eyes examined by a licensed, practicing physician and they are just fine."

PRACTICAL TIP TWO: Do not confuse a roadside preliminary breath test with an Intoxilyzer breath test. A preliminary breath tester is usually a small, hand-held device. The Intoxilyzer is a large, stationary machine, usually located at the jail. There are no consequences to refusing the preliminary breath test. Depending on your circumstances as discussed above, there may be many consequences for refusing to submit to an Intoxilyzer breath test.