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What Is an Aggravator for DUI in Kentucky?

The DUI law in Kentucky establishes a list of six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not have a mandatory effect on fines, fees and license suspensions. The aggravating factors are:

  • Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
  • Operating a motor vehicle in the wrong direction on a limited access highway;
  • Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
  • Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.18 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;
  • Refusing to submit to any test 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 the DUI laws;
  • Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

If you are found Not Guilty of the DUI, the aggravator is of no consequence.  An attorney may be able to facilitate the dismissal or removal of an aggravator from the chargs.  If you have been charged with a DUI in Northern Kentucky, you should contact Michael Bouldin at 859-581-6453 as soon as possible.

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