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Kentucky Court Records

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What is a DUI and a DWI in Kentucky?

In Kentucky, DUI (driving under the influence) is the umbrella term for driving under the influence of substances (either alcohol or drugs). Hence, DWI (driving while intoxicated) is rarely used to describe impaired driving in the state. Persons operating a vehicle with a blood alcohol content of 0.08% or 0.4% (while driving a commercial vehicle) or under the influence of any drug is guilty of DUI. The licensing agency oversees penalties for offenders. Punishment for DUI in Kentucky includes license suspension, Violation-Free KIIP participation, and Alcohol or Substance Abuse Program.

What is the Difference Between a DUI and a DWI in Kentucky

A DUI violation involves being under the influence of drugs or having a blood alcohol content (BAC) of 0.08% or more, which results in a conviction irrespective of the driver’s impairment levels.. Kentucky does not use the term DWI specifically. It may refer to DUI as also a DWI.

What happens when you get a DUI for the First Time in Kentucky?

Driving Under the Influence (DUI) penalties for a first offense in Kentucky can also be harsh, mainly if there are aggravating factors. When an individual gets a DUI for the first time in Kentucky, the driver will face the following:

  • License suspension for six months
  • Enrollment in Alcohol or Substance Abuse Program for 90 days
  • Participation in Violation-Free Kentucky Ignition Interlock Program (KIIP): Offenders can participate in KIIP to reduce the period license suspension
  • Fine payment of $200 and $500

How Likely is Jail Time After a First DUI in Kentucky?

Very Likely, the State of Kentucky penalizes drivers based on the severity of the offense. Blood alcohol level of 0.15 or more, presence of a minor under the age of 12, and not taking the test can lead to possible incarceration. DUI cases are taken very seriously in Kentucky, and the court immediately charges offenders. Drivers in this situation can procure an attorney to help with unique challenges.

What are the Typical Penalties for a DUI Conviction in Kentucky?

After the court charges an individual with a DUI in Kentucky, the judge decides on the penalties such as fines, jail term, and driver’s license revocation. However, the judge’s decision also depends on the number of DUI’s the driver has had in the past, both in Kentucky and other states. The outlined penalties for DUI convictions include:

  • First-time DUI offenses attract four to 30 days imprisonment, $200 to $500 in fines, 48 hours to 30 days community service, license suspension, participation in substance abuse program, and installation of ignition interlock.
  • Second-time offenses within five years of the previous offense amounts to seven days to five years in prison. There will be an extra 14 days imprisonment when the blood alcohol content is 0.18% or more if the offender refuses to take the test or a child under 12 was in the vehicle. Other penalties include a fine from $350 to $500, 10 days to six months of community service, enrollment in an alcohol or substance abuse program in one year, license suspension for 12 to 18 months.
  • Third-time DUI offenses within five years of the last DUI offense leads to 30 days to one-year imprisonment, payment of $500 to $1,000 as fines, ten days to one-year community service, participation in an alcohol or substance abuse program for 12 months. The driver’s license of the offender will also be suspended for two to three years.

Commercial drivers with a blood alcohol content of 0.04% or more will get a license suspension for one year.

How Long Does a DUI Stay on Your Record in Kentucky?

A DUI offense in Kentucky will remain on the driver’s record for driver years, but if the offender drives with a commercial driver’s license (CDL), the offense will stay on the driving files for ten years. The only way to remove the offense from the offender’s driving record is by expunging the record. Following Kentucky Revised Statute 431.078, misdemeanor traffic offense and first DUI offense are expugnable. Three or more DUI offenses within five years is a felony. To be eligible for expungement, the offender must not have had any misdemeanor or felony conviction within the past five years. Once the court expunges record, it will not be seen on any background check or appear in criminal history.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Find DUI Checkpoints in Kentucky?

Checkpoints in Kentucky are legal, and the government gave law enforcement agencies the go-ahead to set up checkpoints (temporary) at various locations in the state. In some cases, these checkpoints are unknown. However, members of the public can find some of these checkpoints viathe Kentucky Traffic Safety Checkpoint Guide or the Kentucky State Police.

Which is Worse; a DUI or DWI?

In Kentucky, all offenses related to driving under the influence is a DUI. There is no separate provision for DWI in Kentucky statutes.

What is an Aggravated DWI in Kentucky?

Kentucky does not have aggravated DWI, and what is obtainable is aggravated DUI. Following KRS 189A.010, a driver is guilty of aggravated DUI when the driver:

  • Drives over the speed limit
  • Injures or cause serious injury as a result of driving under the influence
  • Has an alcohol blood level of 0.15% or more
  • Refuses to take the test
  • Had a minor under the age of 12 in the car

What Happens When You Get a DWI in Kentucky?

Kentucky does not have a separate DWI law. Nevertheless, DUI can also be called DWI in Kentucky, according to the Kentucky Driver Licensing. Possible punishments include:

  • Jail time
  • Fines
  • Driver’s license suspension
  • Attending a substance abuse program
  • Using an ignition interlock device (IID)
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