BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON -- Drunken drivers are beginning to see the results of a new Kentucky law aimed at cracking down on first-time offenders.
The law requires that people convicted of operating a motor vehicle under the influence be sentenced to jail time -- if their blood-alcohol level tests over 0.18. That's almost twice the legal limit of 0.10.
The rule went into effect July 15.
Jennifer A. Miles, 32, of Ridgeport Drive in Covington, was the first person arrested in Kenton County. She was stopped by Independence police for speeding, and the officer charged her with driving under the influence after he said she failed some field sobriety tests. Her initial breath test showed up at 0.205, court records said. Ms. Miles pleaded guilty. Kenton District Judge William Schmaedecke sentenced her to seven days in jail, but discharged four of them provided that she pay her fines and not have any more traffic convictions for two years.
Bill Crockett, chief prosecutor for Kenton County Attorney Garry Edmondson, praised the idea behind the change in the law but said he worries it might prompt more people to refuse to let officers test their alcohol levels.
"We hope that doesn't happen," he said.
The new law was among a host of DUI changes sought by lawmakers during the most recent session of the Kentucky General Assembly, most of which were not successful. A measure to lower the legal limit for drunken driving from 0.10 percent to 0.08 failed. As a result, Kentucky did not join the at least 15 states that have made 0.08 the legal standard.
Members of Mothers Against Drunken Driving were upset about the death of the legislation, blaming it in part on tough lobbying by the Kentucky Restaurant Association.
Another change that did survive makes a third DUI offense a felony if the driver's blood-alcohol level was 0.18 or higher. The felony status means a possible punishment of one to five years in prison.
