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DUI Penalties

Kentucky DUI Penalty Statute

The penalties for a DUI (driving under the influence) conviction in Northern Kentucky may vary depending upon a number of particular circumstances. The DUI penalties in Kentucky are listed below as found in Kentucky KRS 189A.090.

Northern Kentucky First DUI Offense Penalty

The DUI penalties for  the first offense within a five (5) year period, be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating circumstances listed in subsection (11) of this section are present while the person was operating or in physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release.

Northern Kentucky Second DUI Offense (within 5 years):

The DUI penalties for the second offense within a five (5) year period, be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release;

Northern Kentucky Third DUI Offense (within 5 years):

The DUI penalties for a third offense within a five (5) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than ten (10) days nor more than twelve (12) months.

Northern Kentucky Fourth DUI Offense (within 5 years):

The DUI penalties for a fourth or subsequent offense within a five (5) year period is a Class D felony.

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What Factors May Result In Enhanced Penalties For A DUI In Northern Kentucky

Additionally, the following factors may result in enhanced penalties:

  • Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
  • Operating a motor vehicle in the wrong direction on a limited access highway;
  •  Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080;
  • Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator’s blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
  • Refusing to submit to any test or tests of one’s blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section.
  • Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.
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