What is the Punishment for a DUI, Second Offense in Kentucky?

Hello, all.  Thanks for tuning in.

If my blog were a game show, and I were some creepy Richard Dawson-like host, giving sweet lip action to all the contestants, I would say that we have now entered “The Bonus Round!”*  We’re talking about the second round of DUI charge, “the offense after the offense,” or “DUI 2E” (pronounced “Dooey-Tooey”) for all of you who like to make fun little nicknames or pronunciations out of phrases.

Today we’re going to talk about DUI, Second Offense (hereinafter, “DUI 2^nd,” or “DUI2,” depending on whether I’m paying attention to the consistency of the language I use).  Specifically, we’ll be talking about the penalty for pleading guilty to a DUI 2^nd, or being found guilty of the same.

Last week we discussed the penalty for a DUI 1^st, and about how DUI is an “enhanceable offence.”  That means that, within a 5 year period, the second DUI is worse than the first, the third is worse than the second, and the fourth is as bad as they come – a Class D felony.  This week’s blog post is a continuation of the analysis of punishment as we go up that range of punishment.

Here is the punishment for DUI 2^nd, as found in KRS 189A.010: 

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[.]

In addition to the above, if you plead guilty to a DUI 2^nd in Kentucky, any decent Louisville DUI lawyer will tell you that you are facing a DUI service fee, a license suspension of one year to eighteen months, and alcohol/drug education classes.

You may have noticed that the statute above requires a mandatory minimum 7 days.  That’s a WEEK, brother.  Now is when DUI penalties are really starting to get stiff.  Not many regular citizens can stand the idea of being in jail for an entire week.  Notice that the 7 day minimum is doubled to FOURTEEN days of incarceration if an “aggravating circumstance” is present.  This is what lawyers mean when they say someone is charged with an “Aggravated DUI” or a “DUI with an aggravator.”  The list of aggravating circumstances includes:

1) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;

2) Operating a motor vehicle in the wrong direction on a limited access highway;

3) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080;

4) 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;

5) 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; and

6) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

A refusal under subsection (5) is NOT an aggravator for a DUI 1^st, but it IS an aggravator for a DUI 2^nd, 3^rd, or 4^th.  The explanation for this is extremely complicated, but trust me – that’s the truth.

There is no such thing as a “double aggravator.”  If you had an accident that caused death or serious physical injury, you would be facing a mandatory minimum 14 days in jail.  If you had a BAC over a .15 AND you caused an accident that caused death or serious physical injury, you would not be facing a mandatory minimum 24 days in jail. 

A DUI 2nd in Kentucky is pretty serious, and can be extremely complicated.  That’s why it is important to contact a Louisville DUI lawyer as soon as you can after being charged with a DUI.

If you have been charged with a DUI 2^nd Offense in Louisville, Lexington, Elizabethtown, Frankfort, or the surrounding areas, call 502.618.4949 and speak with a Louisville DUI lawyer at Simms & Reed, PLLC.  The initial consultation is free.

Simms & Reed, PLLC.  Results.  As fast as the law will allow.

* http://www.youtube.com/watch?v=YXf7UHgIauk, http://www.youtube.com/watch?v=NGpvxicYDFI


Also, see http://www.duilawfirmlouisville.com/

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