Aggravated DUI In Kentucky
It is illegal to operate a vehicle or be in physical control of a vehicle with a BAC of 0.08 or more in Kentucky. It is also a crime for you to operate a vehicle or be in physical control of a vehicle with any amount of listed controlled substance in your body. Being charged with DUI in Kentucky can result in harsh and lasting consequences. The consequences are far worse when a person is convicted of DUI and aggravating circumstances exist. If convicted of DUI and aggravating circumstances exist, you could end up with mandatory jail time without the possibility for an early release, even if you are a first offender. Additionally, if convicted of DUI and aggravating circumstances exist, it might be impossible for you to get a hardship license.
What Are Aggravated Circumstances?
An aggravating circumstance is any circumstance that increases the severity or culpability of a criminal act. Below are some aggravating circumstances that increase the severity or culpability of a DUI offense in Kentucky.
- Driving in excess of 30mph over the speed limit
- Driving a vehicle in the wrong direction on a limited-access highway
- Driving with a BAC of 0.15 or more
- Driving a car that causes an accident resulting in serious injuries or death
- Driving with a passenger below the age of twelve in the vehicle
- Refusing to submit to a test of your blood, breath, or urine requested by an officer having reasonable suspicion that you were driving under the influence
However, when it comes to refusal, if yours is a first DUI offense, the refusal will not be considered an aggravating circumstance.
Consequences of Aggravating Circumstances
As already mentioned, if convicted of DUI and aggravating circumstances exist, you could end up with mandatory jail time. Usually, for a first DUI offense, there is no mandatory jail sentence. In fact, often, first-time DUI offenders are not even sent to jail. However, if you are charged with a first DUI offense and aggravating circumstances exist, you could end up facing a mandatory minimum jail time of four days. On the other hand, aggravating circumstances can double the mandatory minimum jail sentence for second and subsequent DUI offenses. Additionally, aggravating circumstances can lead to the following;
- Pretrial suspension of your driver’s license (in the case of a refusal to submit to a test)
- Difficulties in getting a hardship license
- Mandatory ignition interlock device
A hardship license is a temporary restricted license that a judge grants a motorist whose license has been suspended. This license is usually granted on a case-by-case basis. But as already mentioned, if convicted of DUI and aggravating circumstances exist, it might be impossible for you to get a hardship license.
Ignition Interlock Device
An ignition interlock device (IID) is an in-vehicle breathalyzer that prevents a driver from starting a vehicle if their breath alcohol concentration is more than 0.02% as measured by the device. IIDs are generally meant to stop drivers from starting their car after consuming alcohol.
Contact a London Criminal Defense Attorney
If you are facing aggravating DUI charges, you need to talk to an attorney as soon as possible. An experienced London DUI attorney at Cessna & George Law Firm can help you. Call 606-770-5400 to schedule a consultation.