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What Is Mandatory Jail Time for DUI?

Most states have mandatory jail time for any DUI conviction.  Kentucky does not have mandatory jail time for first offenses that are not considered to be aggravated offenses.  The penalty for first time DUI in the state of Kentucky is 2-30 days in jail and/or $200-500 fine.  The penalties also include mandatory drug/alcohol evaluation and counseling, DUI service fees, counseling fees, court costs and loss of license from 30-120 days. Multiple offenses with in 5 years carry more significant penalties:  Second offense DUI charges in Kentucky carry 7-180 days of possible incarceration, $350-500 fine and loss of license 12-18 months.  Third offenses carry 30-360 days of incarceration, $500-1,000 fine and loss of license from 2-3 years.  A fourth offense is enhanced to a class a class D felony, with mandatory jail of 120 days and possible 1-5 years in prison. Please note, all of these penalties apply only to convictions.  If a defendant is acquitted of the charges, none of the aforementioned penalties apply.*  If the offense is aggravated, then it doubles the minimum jail times and mandates 4 days incarceration for a first offense. KRS 189A.010 defines these Aggravating Circumstances referred to above are: (1) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit; (2) Operating MV in wrong direction on limited access highway; (3) Operating MV that causes accident resulting in death or serious physical injury; (4) Operating MV while alcohol concentration in operator's blood or breath is 0.15 or more as measured by test(s) of a sample of the operator's blood or breath taken within 2 hours of cessation of operation of MV; (5) Refusing to submit to any test(s)[blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and (6) Operating MV that is transporting a passenger under 12 years of age. If you have been charged with a DUI in Northern Kentucky, contact Michael Bouldin for a consultation and fee estimate.  Email at [email protected] or call 581-MIKE, 859-581-6453.   *Note: there are also potential administrative penalties including loss of license for refusal of the blood or breath tests as requested by the officer.

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