A frequent question asked by DUI clients focuses on jail time with a conviction.
Kentucky DUI law, KRS 189A.010, sets forth the minimum jail sentences which can not be probated, conditionally discharged, suspended, or otherwise subject to early release. If convicted of a DUI and an aggravating circumstance, the offender will be looking at mandatory jail time.*
Based on the evidence, a DUI offender may face the following times in jail with a conviction:
- DUI-1st: 0 days to 30 days
- DUI-2nd: 7 days to 6 months in jail
- DUI-3rd: 30 days to 12 months in jail
- DUI-4th: 120 days minimum imprisonment without probation (Note: Class D Felony - 1 to 5 years imprisonment)
However, if an aggravating circumstance is present, it mandates a higher minimum period of incarceration. The aggravating circumstances which will result in higher minimum jail time include:
- Refusing to submit to testing*
- Having an alcohol level in your body which is 0.15 or more taken within two hours of the ceasation of the operation of the vehicle
- Driving the wrong way on a limited access highway
- Driving 30 mph over the posted speed limit
- Transporting passengers under 12 years of age
- Causing an accident which results in death or serious physical injury.
If an aggravating circumstance is present, the DUI offender will face the following mandatory times in jail with a conviction:
- DUI-1st: 4 days to 30 days imprisonment
- DUI-2nd: 14 days to 6 months imprisonment
- DUI-3rd: 60 days to 12 months in imprisonment
- DUI-4th: 240 days minimum imprisonment (Note: Class D Felony - 1 to 5 years imprisonment)
*Note: a refusal for a DUI-1st may be set aside due to a technicality with the wording of the statute.