Free in Kentucky: What is the Punishment for a DUI, Second Offense i...

Free in Kentucky: What is the Punishment for a DUI, Second Offense i...: 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 acti...

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/

Questions answered in this blog post: What is the penalty for a DUI second offense in Kentucky; what is the jail time for a DUI second in Kentucky; what is an aggravating circumstance for a DUI in Kentucky; how do I find a good Louisville DUI lawyer; how do I find a good Elizabethtown DUI lawyer; DUI lawyer Louisville, Ky.; what is the contact information for Greg Simms Louisville DUI lawyer; what is mandatory minimum jail time for DUI second; what is the legal limit for a DUI in Kentucky; what is the BAC aggravator for a DUI?

Free in Kentucky: What is the Punishment for a DUI 1st in Kentucky?

Free in Kentucky: What is the Punishment for a DUI 1st in Kentucky?: Several people have asked me in the past if Kentucky has a “first DUI dismissal” rule, or something of the sort, where a person gets speci...

What is the Punishment for a DUI 1st in Kentucky?

Several people have asked me in the past if Kentucky has a “first DUI dismissal” rule, or something of the sort, where a person gets special leniency because they are charged with a first time DUI.  They have heard this mythical One-DUI-Free Rule from a buddy, or a family member.  And they want to ride that unicorn right out of the courtroom to freedom, sweet freedom.

It’s not true.  There is no such rule, statute, caselaw, or standard operating procedure.  Sorry.  But that doesn’t mean that a good Louisville DUI lawyer can’t help with your case, and possibly get it dismissed.  If you are charged with a DUI, call a lawyer.

Today we’ll talk about the possible punishments associated with DUI (the statute is found in KRS 189A).    Specifically, we’ll talk about DUI 1^st, and the idea of an “enhanceable offense.”

DUI is one of the most complicated areas of law.  Hands down, it is the most complicated area of misdemeanor law.  The punishments alone are nothing like other misdemeanor crimes.  For example, Disorderly Conduct in the Second Degree (hereinafter, “DC2”) is a Class B misdemeanor.  It carries a punishment of up to 90 days in jail and/or a fine of up to $250.  There is no mandatory minimum jail time.  Very simple.

Here is the punishment for a DUI, First Offense:

 (a) 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[.]

Complicated, huh?  Let’s talk a little bit about some of the language in this statute.

First and foremost, the statute designates a DUI, First Offense to be “the first offense within a five (5) year period[.]”  That means, for every 5 years that pass without a person picking up a DUI charge, that person’s record is etch-a-sketch-style erased.*  It doesn’t matter if you have had 6 DUIs in the past.  If you haven’t had a DUI for 5 years, your new DUI charge will be charged as a DUI, First Offense.

This whole “first, second, third…” offense within 5 years mumbo jumbo means that, in Kentucky, DUI is what we call an “enhanceable offense.”  That means the punishment gets worse every time you get a new DUI charge within that 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 fourth DUI in Kentucky within a 5 year period is a Class D felony.

You may have noticed that the statute above requires a mandatory minimum 4 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.

There is no such thing as a “double aggravator.”  If you had a child under the age of 12 in the vehicle at the time of the DUI, you would be facing a mandatory minimum 4 days in jail.  If you have a child under 12 in the car AND you were travelling the wrong way on the highway, you would not be facing a mandatory minimum 8 days in jail. 

In addition to the punishments listed above (the possible jail time, community labor and fine), anyone who pleads guilty to a Kentucky DUI must pay a DUI service fee, face a license suspension of 30 – 120 days, and complete alcohol/drug education classes.

See?  The punishment for a DUI 1^st in Kentucky is pretty stiff, 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 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.


*Not to mean that your record is expunged - only that your record is re-set, where the next DUI will be a DUI 1st.  If you need an expungement, you should call a lawyer.


Also, check out http://www.duilawfirmlouisville.com/


Questions answered in this blog post: What is the punishment for a DUI first offense in Kentucky; what can a lawyer do for a DUI in Kentucky; should I hire a lawyer for a first time DUI in Louisville; how can I find a good Louisville DUI lawyer; give me the name of a good Louisville DUI lawyer; DUI lawyer Louisville, Ky.; DUI lawyer Elizabethtown, Ky.; how many days in jail am I facing for a DUI first offense in Kentucky; what are aggravating circumstances for a DUI in Kentucky; what is the 5 year rule for DUI in Kentucky; what is an enhanceable offense; contact information for Greg Simms Louisville DUI lawyer?

Free in Kentucky: "Normal" People Breaking the Law

Free in Kentucky: "Normal" People Breaking the Law: Let’s talk about laws that “normal” people break regularly.  This might make some of you repeat offenders feel better, knowing that the va...

"Normal" People Breaking the Law

Let’s talk about laws that “normal” people break regularly.  This might make some of you repeat offenders feel better, knowing that the vast majority of the public regularly violate the law.  Some people instinctively judge those who break the law as immoral or bad.  Those people may be interested to learn about some of the laws that they violate regularly.*  It might be food for thought, regarding the separation between man’s law and god’s law (or whatever code of morality).  For more discussion on this particular issue, read Jim Higdon’s book, The Cornbread Mafia.

On to the lawbreaking.  First up, consider KRS 436.320, which governs “pool table law.”  This is an extremely brief class in law school.  With regard to the “man’s law/god’s law issue,” you may find it noteworthy that KRS 436.320 is located in the section of the Kentucky Revised Statutes titled, “Offenses Against Morality.” 

Yes.  Really.

Anyway, KRS 436.320  states, in pertinent part, that no person owning or controlling a pool table shall permit, for compensation or reward, any minor under eighteen (18) years of age to play on the table, unless the minor first displays an identification card containing his name, age, photograph, and the signature of his parents or guardian. The person owning or controlling such pool table shall keep and maintain a registration book in which each minor shall sign. The person owning or controlling such pool table shall supply a “blank identification card” to each parent or guardian who makes request for same. 

The law does NOT explain what the hell a “blank identification card” is.  The statute provides for a $10 - $100 penalty for anyone violating the law.

This is a pretty strange law.  But it will stick with you.  The next time you walk into a BW3s, or some other family friendly neighborhood bar and grill with a pool table, you’ll remember that they are supposed to card minors on the table.  And my guess is, they aren’t doing it.  They probably also will not be handing out “blank identification cards.” 

Seriously, if they’re blank – how do they identify anything at all?

On to working on Sunday.

Also located in the “Offenses Against Morality” section, KRS 436.160 prevents working on Sunday in Kentucky.  Yes.  Really.

The law states, in pertinent part, that any person who works on Sunday, whether for profit or amusement, unless his work or the employment of others is in the course of ordinary household duties, work of necessity or charity or work required in the maintenance or operation of a public service or public utility plant or system, shall be fined not less than two dollars ($2) nor more than fifty dollars ($50).  It is ILLEGAL to work on Sunday in this great Commonwealth.

What about your sweet little old granny?  Does she take any medications?  Even if the medications were prescribed by a legit pharmacist, granny’s probably violating the law on the reg.  Maybe even as we speak.

KRS 218A.210 specifies that prescription drugs may only be kept in the original containers (the one the pharmacist hands you).  This ridiculous law doesn’t even provide an exception for possessing the pill in your hand as you take the prescribed medication.  And god forbid granny went down to the Walgreens and got one of those SMTWRFS days-of-the-week pill containers.  Those things are gateways to a Class B misdemeanor.

So, what did we learn from all of this?  Maybe our legislators have their heads lodged in a very dark place.  Maybe we, as a society still want to combine god's law and man's law - or maybe we are too apathetic to put the effort in to dividing the two.  Either way, I'm sorry I talked bad about your granny.  She deserves better.

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

*or maybe they won't.  maybe they are interested in how lava lamps work.  who knows.


Questions answered in this blog post: Is it illegal to work on Sunday in Kentucky; is it illegal to possess a pill container for the days of the week; what is the law of pool tables in Kentucky; how can I find a good Louisville criminal defense lawyer; how can I find a good Louisville DUI lawyer; what are some strange Kentucky laws; what laws are frequently violated by normal citizens in Kentucky?

Free in Kentucky: Children in Hot Cars: the Tragic Circumstance and ...

Free in Kentucky: Children in Hot Cars: the Tragic Circumstance and ...: Every year we hear about parents leaving children in hot cars.  Sometimes the child is found and their life is saved.  Typically in that s...