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Kentucky Supreme Court Upholds 10 Year Look Back on DUI

In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.

Not surprising, the trial courts were greatly divided on how to handle a second offense if the first was more than 5 but less than 10 years prior. The appeals courts were similarly divided. Somewhat surprising, the Kentucky Supreme Court was unanimous in their holding that the 10- year look-back is constitutional and not a violation of the rights of the Defendant.

The 14 page opinion is published as Commonwealth v. Joshua Deante Jackson 2016-SC-530 and Commonwealth v. Telly Savalas Denson 2016-SC-531As you may imagine, there are many criminal defendants that are not happy about the ruling and subject to greater penalties, including higher fines, longer suspension of license and mandatory jail time. This new 10 year look back period increases the need for criminal representation and exploring possible defenses to DUI charges; whether first, second or multiple offense.

If you have questions or need a consultation, contact Michael Bouldin for DUI defense in Northern Kentucky. Michael Bouldin has been handling DUI cases for over 23 years. Call Mike at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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