Second Offense DUI/DWI in Kentucky

Driving while intoxicated (DWI) and driving under the influence (DUI) are terms used to describe when someone is operating a motor vehicle while under the influence of alcohol or any other substance that impairs driving abilities. These substances may also include prescription medicines and illegal drugs. A second offense DUI in Kentucky is an official term that explains that an individual has obtained a second DUI charge and conviction within ten years.

Is a 2nd DUI a Felony in Kentucky?

Generally no. A second DUI offense is not automatically classified as a felony, except there are aggravating factors that make it a felony. For example, a second DUI offense becomes a felony when the individual is involved in a hit-and-run while fleeing the police. In this case, the DUI by itself is not a felony, but coupled with the potential manslaughter and fleeing the police charges, it is upgraded to a felony offense. Only a fourth DUI offense or more in Kentucky automatically qualifies as a class D felony.

What is the Look-back Period for a Second DUI in Kentucky?

In Kentucky, it is a serious matter if someone is arrested and charged with DUI; if they have a prior DUI conviction, the situation is even more serious. This is due to Kentucky's "look-back period", which is the length of time during which prior offenses are displayed on a driver's record. Their penalties significantly increase if the prior DUI happened within this look-back period.

In Kentucky, the look-back period for a second DUI offense is 10 years. A person who commits a second offense in 10 years is labeled a repeat offender.

What are the Aggravating Factors in a Second DUI?

According to the Kentucky Revised Code 189A.010(11), there are six main aggravating factors in a drunk driving (OVI/DUI) case. If a case has one of the following factors, they are subject to harsher penalties from a judge. The following are six aggravating factors for OVI/DUI charges in Kentucky:

• Driving a car in the wrong direction on the road.
• Causing an automobile collision that causes death or serious injury as defined by Kentucky Revised Statutes 500.080;
  • Exceeding the posted speed limit by more than thirty miles per hour;
  • Operating a motor vehicle while intoxicated (BAC) at.15 or above.
  • Refusing to submit to a police officer's request for a breathalyzer, blood sample, or urine sample (unless it's a first offense);
  • Driving while intoxicated while carrying a child under the age of twelve (12) in the vehicle.

What Happens If You Get a 2nd DUI/DWI in Kentucky?

Generally, the penalties and consequences of a second DUI in Kentucky are as follows:

• One (1) year of treatment for substance or alcohol addiction
• 18-month license suspension
• Participation in the Kentucky ignition interlock program (KIIP) for 120 days
• Fines and Fees range from $700 to $1200.
• 10 days to 6 months of community labor.
• 7 days to 6 months in jail.

Notably, these are baseline consequences, and the penalties could be more or less, depending on the aggravating circumstances.

How Long Does a Second DUI Stay On Your Record in Kentucky?

A second DUI will remain on a person's criminal record indefinitely. Every DUI offense recorded on a person's criminal history is permanent. Even if a DUI case or arrest is dropped, it will remain on the record forever. However, specific misdemeanor DUIs are eligible for expungement per KRS 431.078 (the traffic misdemeanor expungement law).

How Much Does a Second DUI Cost in Kentucky

The total financial cost of a second DUI includes financial penalties imposed by the courts, which the individual has to pay, and the associated fees paid while following the court's probation conditions. Naturally, the costs increase if the second DUI is a felony. The individual financial costs include:

• Standard second DUI fine: $1000-$3000
• Lawyers fees-$800-$1200
• Cost of IID-$1000-$1200
• License reinstatement application-$50-$100

Chances of Going to Jail for a Second DUI in Kentucky

The likelihood of jail time significantly increases if an offender commits a second DUI violation within a ten-year period. In Kentucky, a mandatory jail sentence of at least 7 days and up to 6 months is often imposed for a second DUI. Additionally, if the DUI is a felony, the perpetrator will undoubtedly spend some time behind bars. Additional sanctions include longer license suspensions, fines, and mandatory alcohol treatment programs. Repeat offenders are typically subject to harsher punishments since they demonstrate a record of reckless behavior.

Driver's License Suspension for a Second DUI in Kentucky

In Kentucky, a person convicted of a second DUI would generally have their license suspended for 18 to 24 months. Those who commit felony DUI, however, risk having their license suspended for 5 years to life, particularly if the DUI episode resulted in the death of another person.

However, persons with misdemeanor DUIs can apply for a hardship license 12 months into their license suspension. According to 601 KAR 12:060, a hardship license is a short-term "permit" to drive a car for necessary daily necessities, including access to healthcare, education, or court-mandated therapy. Offenders are not eligible for expungement if they refuse initial and regular BAC testing. A hardship license is never available immediately following a DUI conviction, as the Kentucky legislature imposes a minimum 'hard-time' initial suspension.

Ignition Interlock Device Requirement

For second-time offenders and repeat DUI offenders, Kentucky courts may order the individual to install and maintain an Ignition Interlock Device (IID) on their car if:

• The blood alcohol content (BAC) of the criminal was at least. 08.
• The offender was operating a commercial vehicle with a blood alcohol content of. 04 or greater.
• Aggravating conditions in the DUI.

The Kentucky Transportation Cabinet (KYTC) has certified an ignition interlock device (IID), which is a device that connects a motorcycle or car ignition system to a breath-alcohol analyzer and stops the ignition from starting and running if the driver's breath alcohol content is higher than 0.02 as determined by the device. The following are the costs of the IID:

• Cost of installation: $100 to $150
• Maintenance cost each month: $80-$100
• Removal cost: $30 to $50
• Reset fee: $20 to $30.

DUI School and Substance Abuse Treatment

According to Kentucky Revised Statutes 189A.040(5), all driving under the influence (DUI) offenders must be admitted to an alcohol or drug misuse education or treatment program or facility that is approved, managed, and supervised by the Cabinet for Health and Family Services as part of their rehabilitation and punishment.

These Treatment sessions cost up to $100 and must be attended in person. Based on the judge's recommendation, the program duration varies from 20 to 60 hours.

Probation Conditions

The probation conditions for a second offense DUI are stringent and restrictive to ensure that the individual remains a law-abiding citizen and has an incentive not to offend a third time. A person convicted of DUI may be given probation instead of jail time or prison as part of a probationary sentence, and probation conditions may also be part of the rehabilitation period following jail time. Typically, the offender must comply with all of the following probation conditions:

• Pay penalties and fulfill all other requirements, including community service for DUIs.
• Get alcohol and drug assessments and treatment
• Take a DUI course at a DUI school.
• Comply with all other court-ordered requirements;
• Avoid breaking any laws while on probation.
• Don't consume alcohol;
• Report to the probation officer frequently.

Community Service Requirements

Courts in Kentucky always mandate community service as part of the requirements for a second DUI. The service time may be spent picking up trash, serving food at a homeless shelter, or lecturing school kids on the dangers of alcohol. Most Kentucky judges will order between 100 and 200 hours of community service as part of the probationary requirements. The offender's prior record, the circumstances behind their arrests, and overall criminal history influence how many hours of community service they are given.

Impact on Auto Insurance

A second DUI in Kentucky leads to higher vehicle insurance premiums. The average price of auto insurance increases by as much as 60% following a second DUI. In some instances, the company may decide to cancel the policy, and it may be difficult for the offender to find a new insurer because they are classed as high-risk individuals.

Which Courts Handle DUI Cases in Kentucky?

In Kentucky, almost every court handles a particular type of DUI case. Jurisdiction over cases depends on whether the case is a felony or misdemeanor and where the DUI case occurred. Circuit courts in Kentucky are in charge of most felony DUI cases, but also handle misdemeanor DUIs. District courts also have traffic units that preside over misdemeanor DUIs. Individuals who believe legal errors were made at the circuit or district court during their DUI trial can pursue appeals at the Kentucky appellate courts. The following is the contact information for five key courts in central Kentucky cities that handle DWI cases:

Anderson County Circuit Court
Anderson County Circuit Court
Anderson County Courthouse
151 S. Main St.
Lawrenceburg, KY 40342
Phone Court: (502) 839-3508
Website: Anderson County Circuit Court website

Allen County Circuit Court
Allen County Judicial Center
200 W. Main St.
Scottsville, KY 42164
Phone: (270) 237-3561
website: Allen circuit court

Bath County Circuit Court
Bath County Courthouse Annex
19 E. Main St. P.O. Box 558
Owingsville, KY 40360
Phone: (606) 674-2186
website: Bath county court

Boone County Circuit Court
Boone County Justice Center
6025 Rogers Lane, Room 141
Burlington, KY 41005
Phone: (859) 448-2900

Fulton county Circuit court
Fulton County Courthouse
114 E. Wellington St. P.O. Box 198
Hickman, KY 42050
Phone: (270) 236-3944

The Kentucky Transportation Cabinet handles suspending and reinstating individuals' driver's licenses as per court orders. The department also verifies through the National Drivers Register that the person applying for reinstatement or renewal of a Kentucky operator's license does not currently have their driving privilege suspended or revoked in another licensing jurisdiction.

For information regarding license hearings and appeals, interested parties can reach the Kentucky Transportation Cabinet at the following addresses:

District 1(Ballard, Calloway, Carlisle, Crittenden, Fulton, Graves, Hickman, Livingston, Lyon, Marshall, McCracken, & Trigg Counties)
5501 Kentucky Dam Road
Paducah, KY 42003
Phone: (270) 898-2431

District 2 (Caldwell, Christian, Daviess, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Union, & Webster Counties)
1840 North Main Street
Madisonville, KY 42431-5003
Phone: (270) 824-7080

District 3 (Allen, Barren, Butler, Edmonson, Logan, Metcalfe, Monroe, Simpson, Todd, and Warren counties)
900 Morgantown Road
Bowling Green, Kentucky 42101
Phone: (270) 746-7898

Can You Get a DUI on a Horse in Kentucky?

Yes. In Kentucky, a person who rides a horse while intoxicated may be prosecuted with DUI. Operating a non-motorized vehicle (a vehicle that is not a motor vehicle) while under the influence of alcohol or any other substance that could impair one's driving skills is illegal in Kentucky (KRS 189.520). This includes those who ride skateboards, bicycles, or horses.