No Plea Deals for Kentucky DUI Charges

Kentucky prosecutors do not enter into plea bargaining deals for individuals charged with DUI.

Kentucky statutory law (KRS 189A.120) mandates that the prosecutor shall not agree to amend the DUI charge(s) to a lessor offense or the alcohol concentration for a person twenty-one (21) years of age or older with a Blood Alcohol Content (BAC) at or above 0.08, or for a person under the age of twenty-one (21) with a BAC at or above 0.02, or when the defendant, regardless of age, has refused to take an alcohol concentration or substance test.

Exceptions do exist. The prosecuting attorney may agree to amend the DUI charge to a lesser offense if all prosecution witnesses are, and it is expected they will continue to be, unavailable for trial. Furthermore, a prosecuting attorney shall not amend a blood alcohol concentration, and shall
oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the test results were in error.

Post by Kentucky DUI Lawyer, Stephen J. Isaacs, Isaacs Law Office.

Comments

[Jake]

Can a prosecutor amend a dui charge to rid the charge of aggravating circumstances? Are there any statutes or case law on point?

Authors Response:
KRS 189A.010(9) and KRS 189A.120 both address this question. The simple answer is, it depends on the aggravator. For example, if the aggravator is a refusal on a DUI First Offense, then the prosecutor may choose to amend the aggravator to no aggravator because of the statutory language.