January 24, 201511 yr DUI Penalties in Kentucky http://transportation.ky.gov/driver-licensing/pages/dui-laws-in-kentucky.aspx First Offense Within a Five Year Period $200 - 500 Fine 2 to 30 Days in Jail* 90 Days of Alcohol or Substance Abuse Program 30 to 120 Day License Suspension Possible 48 Hours - 30 Days Community Labor *If aggravating circumstances present-4 days imprisonment Second Offense Within a Five Year Period $350-500 Fine 7 Days - 6 Months in Jail* 1 Year of Alcohol or Substance Abuse Treatment 12 to 18 Month License Suspension 10 Days-6 Months Community Labor *If aggravating circumstances present-14 days imprisonment Third Offense Within a Five Year Period $500 - 1,000 Fine 30 Days-12 Months Jail* 1 Year of Alcohol or Substance Abuse Treatment 24 to 36 Month License Suspension 10 Days-12 Months Community Labor *If aggravating circumstances present-60 days imprisonment Fourth Offense Within a Five Year Period Class D Felony Minimum Term 120 Days Imprisonment Without Probation* 1 Year of Alcohol or Substance Abuse Treatment 60 Month License Suspension *If aggravating circumstances present-240 days imprisonment *Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time: Over 30 mph over speed limit Wrong way on limited access highway Causes accident resulting in death or serious physical injury Alcohol level of .15 or more within 2 hours after operating Refusal to submit to testing Transporting passengers under 12 years of age Should it be a Felony for ALL DUIs or at least sooner than the fourth DUI? DUI deaths have continued to drop over the past couple of decades, but there are still around 160-170 DUI related deaths in Kentucky each year.
January 24, 201511 yr Too lenient IMHO. I say this after 25 years of making runs on DUI related accidents. I've seen too many lives lost and ruined because of this.
January 24, 201511 yr The laws are fine. Jails are overcrowded. hen lives are lost, it should be treated similarly to any other violent crime.
January 24, 201511 yr I have a really tough time arguing for jail time in a situation where no one was injured or property destroyed. We could talk about more aggressive fines, community service, or license suspensions though and I'd probably be on board. Truth be told, the penalties already on the books at each level are rarely handed down; maybe that's the place to start. It's already happening in Louisville with public and media pressure for judges to use those statutory penalties more forcefully.
January 24, 201511 yr I'm not comfortable making them any harsher . I'm already not comfortable with enforcement and punishment on DUIS now. Is there some large increase in DUI's that calls for this ?
January 24, 201511 yr Author I agree that too many charges get dealt down. In some cases it's lazy prosecutors that would rather cut a deal and be done than pursue the correct charges. In some cases it's just those with connections getting reduced sentences while others get full sentence.
January 24, 201511 yr Author I'm not comfortable making them any harsher . I'm already not comfortable with enforcement and punishment on DUIS now. Is there some large increase in DUI's that calls for this ? What would you suggest as enforcement and punishment for DUI?
January 24, 201511 yr I don't understand what seems like some wanting to lessen the penalty for DUI. What is your reasoning?
January 24, 201511 yr Author Exactly. No increase, but still 170 or so Kentuckians die each year due to DUI.
January 24, 201511 yr What would you suggest as enforcement and punishment for DUI? At the very least I wouldn't get any tougher. Like I asked is there some sort of huge uptick that calls for it . But for one I would get these corrupt "alcohol counselers" of the government tit. We already have the ability to punish harsher for aggravated reasons. If no property or people are harmed I'm not comfortable making it harsher. I've never been comfortable with .08 and now you want to increase punishment on that no thanks.
January 24, 201511 yr No increase, but still 170 or so Kentuckians die each year due to DUI. So no increase but we must makes laws even tougher ???
January 24, 201511 yr I agree that too many charges get dealt down. In some cases it's lazy prosecutors that would rather cut a deal and be done than pursue the correct charges. In some cases it's just those with connections getting reduced sentences while others get full sentence. I've met a lot of folks in the legal profession but I've never met too many lazy prosecutors. Their dockets are massive and more often than not have to to deal with judges that don't particularly care or view the prosecutors as too harsh. Again, a judge looks at a DUI scenario and most of the time sees no injury and no property damage. Most judges won't hand down jail time without an identifiable victim. They don't even like to hand down massive fines without one. I do think judges have gotten much better about enforcement of the penalties on the books in the last few years. I want to see where things go from here.
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