Lexington DUI Lawyer

DUI, or driving under the influence, is a serious offense that can affect your driving ability, personal freedom and reputation. If you have been charged with DUI, you’ve probably already discovered how quickly a routine stop can turn into an unexpected trip to jail – but you may not understand your legal options and how to protect your rights.

The legal staff of the Frank Jenkins Law Office understands that DUI charges can be intimidating and confusing – and that you need answers when your life and reputation are on the line. You shouldn’t have to face the court alone – we can help with your DUI case. “We make it happen by putting you first.” Call us today at 859-389-9344 or contact us via email. Our main office is located in Lexington, but we defend DUI cases across Kentucky, including Ashland, Hazard, Paintsville, Pikeville, Richmond, Versailles and Winchester.

Kentucky DUI Offenses

The State of Kentucky allows for two types of DUI criminal prosecution:

• Drivers may be charged with driving under the influence of alcohol or drugs based upon loss of physical or mental faculties that interfere with driving abilities.
• Drivers may be charged with driving with a blood alcohol (BAC) level of .08% or higher while operating a motor vehicle. This is known as the per se DUI charge. (For drivers under the age of 21, the limit is .02%.). Note that under the per se law, you don’t have to show impaired driving abilities; .08 BAC is enough evidence on its own.

You may not be aware that if you’re pulled over for DUI, you have the right in Kentucky to contact an attorney prior to any breath, blood or urine test. You are allowed 10-15 minutes before your test to attempt to contact a lawyer. If you aren’t able to contact one, you still must go forward with your test. You should also know that if you refuse to submit to testing, whether you have tried to contact an attorney or not, you will have your license suspended – and if you are convicted of DUI, you face double the jail time and you won’t be eligible for a hardship license.

Kentucky law mandates specific penalties for DUI offenses based upon whether you have any prior arrests for DUI within 5 years. The penalties include:

1st Offense (Class B misdemeanor)

• Fine of $200-$500
• Jail time of 48 hours to 30 days. First offenders must receive either a fine or jail time.
• Community service
• License suspension for 30-120 days. Hardship licenses may be available for suspensions longer than 30 days.
• 90 days of alcohol and drug assessment and treatment

2nd Offense (Class A Misdemeanor)

• Fine of $350-$500
• Jail time of 7 days to 6 months. Second-time offenders will receive both jail time and a fine.
• Community service
• License suspension for 12-18 months
• 1 year of alcohol and drug assessment and treatment

3rd Offense (Class A Misdemeanor if BAC is less than .18; if .18 or greater, the offense is considered a Class D Felony)

• Fine of $500-$1000
• Jail time of 30 days to 12 months
• Community service
• License suspension for 24-36 months
• 1 year of alcohol and drug assessment and treatment

4th Offense (Class D Felony)

• Fine of $1,000-$10,000
• Jail time for 1-5 years
• License suspension for 60 months, with no hardship license option
• 1 year of alcohol and drug assessment and treatment

Drivers Under 21

• Fine of $100-$500
• Community service
• License suspension for 30 days – 6 months
• 90 days of alcohol and drug assessment and treatment

Aggravating Factors

In addition to the penalties listed above, jail time may be doubled if any aggravating factors are present, including:

• Driving more than 30 miles above the speed limit
• Driving in the wrong direction on a limited access highway
• BAC level of .18 or higher
• Refusing to submit to a blood, breath or urine test
• Child passenger under 12 years of age in the car at the time of arrest
• DUI resulting in an accident causing death or serious injury

These penalties are harsh, and that’s why an experienced legal team is needed to defend your case. At the Frank Jenkins Law Office, we understand that numerous factors can cause sober drivers to fail field sobriety tests, and even breath tests can be impacted by a fever or other medical conditions. If the arresting officer failed to follow proper procedure, testing results may not be allowed into evidence.

It’s crucial that you contact an experienced Kentucky DUI attorney to help with your case – you have too much at stake not to protect yourself with a strong, dedicated defense team. The Frank Jenkins Law Office will conduct a thorough assessment of your case, and review all available options to build a strategy with your best interests in mind. If you or a loved one needs help with a DUI case, contact the Frank Jenkins Law Office today at 859-389-9344 or contact us via email.