The aggravating circumstances for a DUI in Lexington, KY are as follows:
a. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
b. Operating a motor vehicle in the wrong direction on a limited access highway;
c. Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
d. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 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;
e. Refusing to submit to any test or tests 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 subsection (1) of this section; and
f. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Ky. Rev. Stat. 189A.010(11).
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail. When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release. Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge).
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail.
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days. Note a fourth or subsequent offense is also a Class D felony.
If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at (859) 303-6007.
a. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
b. Operating a motor vehicle in the wrong direction on a limited access highway;
c. Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
d. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 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;
e. Refusing to submit to any test or tests 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 subsection (1) of this section; and
f. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Ky. Rev. Stat. 189A.010(11).
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail. When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release. Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge).
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail.
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days. Note a fourth or subsequent offense is also a Class D felony.
If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at (859) 303-6007.