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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Sunday, October 01, 2000

Facts about Kentucky's new DUI law




        The law will be the most stringent in the Tristate. Among the reasons:

        It increases the period that a license can be suspended

        • First offense: 30-120 days.

        • Second offense: 12-18 months

        • Third offense: 24-36 months.

        It sets a mandatory minimum of four days in jail, exempt from probation, for a first-time DUI offender if offender:

        • Was driving more than 30 mph over the speed limit.

        • Was driving the wrong way on a limited-access highway.

        • Was involved in a crash resulting in serious death or injury.

        • Had a blood-alcohol content (BAC) of 0.18 or higher.

        • Refused a test.

        • Was transporting a passenger under 12.

        For second-time offenders, minimum jail time increases to 14 days if any of those circumstances pertain. For a third offense, it is 60 days.

        The law also:

        • Doubles those sentences if BAC results are 0.18 or higher.

        • Prohibits open alcohol containers in vehicles. Fines range from $35 to $100.

        • If the court grants a hardship license after the minimum suspension period, it may prohibit operation of a vehicle unless an ignition locking device is installed.

        • Guarantees a DUI suspect up to 15 minutes to contact an attorney before taking the BAC test. The suspect does not have the right to have an attorney present during the blood alcohol testing.

        • Allows prosecutors to use refusal to take the BAC test against the offender in court. If convicted, the offender would face twice as much jail time as if he or she had taken the test and failed it.

Kentucky DUI gets tougher today
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