If a person is accused of driving under the influence in Kentucky, it can leave them unsure of what to do next. DUI is a criminal offense that can result in penalties, such as fines, jail time and loss of driving privileges. However, there are potential defenses to consider.
DUI penalties
The penalties for DUI can vary depending on the situation and whether the accused person has prior DUI convictions. In Kentucky, a first or second offense is a misdemeanor. The driver can face a fine, time in jail and a driver’s license suspension.
The third offense and fourth offenses are felonies. The driver can face jail or prison time, significant fines and license suspension for several years. If a driver is convicted of these offenses, they may also be required to attend an alcohol treatment program.
They may also be required to install an ignition interlock device. It is a breathalyzer that requires the driver to blow into a mouthpiece before starting or operating their vehicle.
Potential defenses
An accused driver can challenge the stop. If the police officer did not have probable cause to stop the driver, that may be a defense. Also, if the police officer administered a field sobriety test to determine whether the driver was under the influence and the test was inaccurate, the results can be challenged in court.
The same applies to breathalyzer tests that are used to measure the driver’s blood alcohol concentration (BAC) because they can be unreliable. The driver’s BAC may have been within the legal limit.