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What is the Maximum Penalty for DUI in KY?

This is a common question and it first depends on if you are charged with a First, Second, Third or Fourth/Subsequent offense of DUI.  DUI in Kentucky is spelled out under KRS 189A.010.  For a first offense, the penalties include: 48 hours-30 days of incarceration and/or $200-500 fine, DUI service fee, court costs, treatment program fee, county fees, state fees.  You will have to do a Drug and Alcohol Evaluation (ADE) and follow the recommendations associated therewith. You will also lose your license for a period of time and may be eligible for hardship privileges after some period of time.  Some counties will also mandate that you report to a program to show proof of completion; for example Campbell County will send convicted persons to report to KAP (Kentucky Alternative Programs) for 90-180 days to show proof that they paid fines/costs and that they completed the ADE and treatment. That is the complete answer, the simple answer is that the maximum penalty is 30 days in jail and $500 fine.  To be fair, a $200 fine will add up to over $700 with court costs, fees and the like.  A second or subsequent offense will increase all penalties.  The DUI service fee, court costs, treatment program, county and state fees will remain constant for any conviction.  The incarceration and fine will change as follows: 1. First offense: 2 - 30 days jail &/or $200-$500 fine; loss of license 30-120 days. 2. Second offense: 7 - 180 days jail & $350-$500 fine; loss of license 12-18 months. 3. Third offense: 30 - 365 days jail & $500 - $1,000 fine; loss of license 2-3 years. 4. Fourth/Subsequent Offense: FELONY 1-5 years in prison, must serve 120 days; loss of license 5 years. All offenses have double the mandatory minimum jail time if there is an aggravating circumstance.  These aggravating circumstances are spelled out in KRS 189A.010. If you have been charged with a DUI, it is a serious offense and may involve incarceration and fines.  You should seek the advice of an attorney as soon as possible and definitely prior to entering any plea to the offense.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected]  

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