Driving under the influence (DUI) is a serious offense that carries significant penalties beyond fines and jail time. In this blog post, we will focus on Kentucky DUI law, with a particular emphasis on the duration of license suspension for DUI offenses.
License Suspension Duration for DUI in Kentucky:
In Kentucky, like many other states, DUI offenses carry severe penalties, including license suspension. The duration of the suspension varies depending on several factors, including the number of prior DUI convictions and the level of intoxication at the time of arrest.
First Offense: For a first-time DUI offense in Kentucky, the license suspension period is a maximum of six (6) months. If a person convicted of a First Offense DUI meets the statutory ninety (90) day consecutive requirement with an interlock ignition device, then the license suspension can be shortened to four (4) months, so long as the ninety (90) day requirement has been met within the four (4) month period.
Second Offense: If a person is convicted of a second DUI offense within a 10-year period, the license suspension duration is capped at eighteen (18) months. The person can apply for the interlock ignition device, and, if approved, can shorten their license suspension to twelve (12) months, so long as the one hundred twenty (120) day consecutive requirement has been met within the twelve (12) month period.
Third Offense: For individuals facing a third or subsequent DUI offense within a 10-year period, the license suspension duration is a maximum of thirty-six (36) months. The person can apply for the interlock ignition device, and, if approved, can shorten their license suspension to eighteen (18) months, so long as the one hundred twenty (120) day consecutive requirement has been met within the eighteenth (18) month period.
Fourth Offense: If a person is convicted of a fourth DUI offense within a 10-year period, their license can be suspended for up to sixty (60) months . The person can apply for the interlock ignition device, and, if approved, can shorten their license suspension to thirty-six (36) months, so long as the one hundred twenty (120) day consecutive requirement has been met within the thirty (36) month period.
The Interlock Ignition Consecutive Day Requirement: A person convicted of a DUI must make application for an interlock ignition device. If approved for the device, the person can shorten a license suspension having either ninety (90) or one hundred twenty (120) consecutive days without a violation. The amount of the consecutive days is determined by the level of the offense. The type of violations varies, but typically violations include failing a required test, attempting to tamper with the device, concealing one’s identity from the monitoring device attached to the interlock device, or failing to pay the required fee for having the device installed on their vehicle.
License Reinstatement:
After serving the required license suspension period, individuals must follow specific steps to reinstate their driver’s license in Kentucky. These steps typically include completing a mandatory alcohol education or treatment program, paying reinstatement fees, providing proof of insurance, and passing any required tests, such as a written exam or a road skills test.
Conclusion:
Driving under the influence is a serious offense with potentially severe consequences, including license suspension. It is crucial for individuals to understand the potential penalties associated with DUI in Kentucky. Remember, it is always better to plan ahead and arrange for alternative transportation if you have consumed alcohol rather than risk the potential consequences of driving under the influence.
If you find yourself fighting a DUI charge in Kentucky, and want to know more about your possible defenses and options, contact Russell Smith Attorneys.