Kentucky DUI Defense Lawyer

Kentucky Legislature's Proposed DUI Amendments - Update

Kentucky’s legislature is working at toughening Kentucky’s Driving Under the Influence (DUI) laws.  The following list contains the latest updates to the proposed changes current to February 26, 2011:

HB 328 - Amend KRS 189A.010 - Kentucky’s driving under the influence law - to subject a person who commits a subsequent DUI while a charge for a prior DUI offense is pending to sentencing as an aggravated DUI offender.  The bill was introduced to the House on February 3 and to the House Judiciary on February 4, 2011.  

SB 141; HB 58  - Amend KRS 189A.005 to expand the definition of "ignition interlock device"; amend KRS 189A.010 to include driving the wrong way on a four-lane highway among the list of factors for triggering aggravated DUI penalties; amend KRS 189A.070 to provide that a reduction in the time period of a license revocation does not lessen the time required for ignition interlock usage; amend KRS 189A.085 to run the period of a license plate impoundment from the date of sentencing to the day the offender is authorized to resume driving and require ignition interlock usage beginning with the first DUI offense; amend KRS 189A.340 to establish an assistance fund for indigent defendants; amend 189A.345 to establish penalties for operating a vehicle without a device when prohibited from doing so; create new sections of KRS Chapter 189A to establish the ignition interlock program, require the promulgation of administrative regulations, and allow a defendant who committed an offense prior to the effective date to elect to be governed by the Act; amend KRS 189A.410 to require ignition interlock usage while an offender is driving on a hardship license amend 186.572 to provide that penalty points assessed against a person's license shall expire only after participation in the interlock ignition program; amend 189A.090 to conform.  The bill was introduced to the Senate on February 9, 2011 and to the Senate Judiciary on February 11, 2011.

HB 58 - Amendments - Replace provisions of the bill with new sections to amend KRS 189A.005 to expand the types of allowable ignition interlock devices; amend KRS 189A.010 to include driving the wrong way on a four-lane highway in the list of aggravating circumstances for DUI; amend KRS 189A.070 relating to license revocations to provide for new license revocations periods subject to conditional reinstatement if the offender participates in the ignition interlock program; amend KRS 189A.085 to require license plate impoundment only during the period that a person's license is revoked; amend KRS 189A.340 to specify the circumstances and timelines during which a license may be conditionally reinstated contingent upon interlock usage and to delineate the terms, conditions, and operation of the ignition interlock program; amend KRS 189A.345 to provide the penalty for operating a vehicle without an interlock when one is required; create a new section of KRS Chapter 189A to establish an ignition interlock assistance fund operated by the Transportation Cabinet for indigent offenders; create a new section of KRS Chapter 189A to allow the Transportation Cabinet to promulgate regulations related to the bill; create a new section of KRS Chapter 189A to allow offenders committing an offense prior to the effective date of the bill to opt to be governed by the bill's provisions; amend KRS 189A.410 to limit the availability of hardship licenses to persons committing offenses prior to the effective date of the bill; amend KRS 186.572 to require the imposition of sufficient points to prohibit full re-licensure with the points being removed only after the offender has been fully compliant with ignition interlock usage for a full 120 day period; amend KRS 189A.090 to conform.    

HFA - Insert provisions to amend KRS 189A.050 to require a person convicted of DUI to pay the cost of drawing blood for testing; amend KRS 189A.103 to provide that a DUI suspect shall bear the cost of any additional testing done of the suspect's blood, breath, or urine if the additional testing is done at the request of the suspect and after the testing directed by the arresting officer.This bill passed the House on February 8, 2011 and was sent to the Senate. 

Post by Kentucky DUI Defense Attorney Stephen Isaacs of Isaacs Law Office.

Possible DUI Sentencing Alternatives in Kentucky

Kentucky DUI Attorney Stephen Isaacs of Isaacs Law Office has learned that some Kentucky courts are considering sentencing alternatives to jail for DUI offenders.  One such alternative involves continuous alcohol monitoring using a bracelet attached to an offender's leg.

Evidenced-Based Continuous Alcohol Monitoring with a SCRAM bracelet allows those accused or convicted of DUI to maintain their sobriety and possibly avoid jail, while increasing public safety, along with:  

• Helping lower recidivism (by 45% in repeat DUI offenders who wore SCRAMx for 90 days or more)

• Providing better responses to treatment when combined with SCRAMx

• Letting offenders maintain family obligations, hold jobs, and contribute positively to the community

SCRAMx is more commonly used with repeat DUI/DWI offenders, but can also ordered on first-time offenders who have aggravated circumstances like an extremely high blood alcohol content (BAC). Courts may order DUI/DWI offenders on SCRAMx to not only deter them from drinking – and driving – for a specified time period, but also to assess their alcohol dependency levels to recommend individualized courses of treatment.

Key objectives of the SCRAMx DUI/DWI Program include:

• Protecting the public by monitoring DUI/DWI offenders 24/7
• Ensuring compliance with court-ordered terms of alcohol abstinence
• Promoting enforceable accountability
• Providing evidence-based data to support abstinence
• Assessing the offender’s alcohol dependency and drinking patterns
• Detecting if the offender drinks prior to trial to facilitate early intervention
• Helping offenders prove extended sobriety to be considered for driver’s license reinstatement
• Allowing the offender to maintain job and family obligations, and contribute positively to the community while awaiting trial

With regard to placing DUI/DWI offenders under house arrest in addition to alcohol monitoring, data from NHTSA’s Traffic Safety Facts 2008 shows how this approach makes perfect sense from a public safety standpoint. According to NHTSA, the prime hours for alcohol-impaired fatal crashes are between 9:00 pm and 6:00 am – the highest (64%) being from midnight to 3:00 am. Knowing that some of their higher-risk offenders may backslide during the evening hours, judges can impose curfews during that time to keep them off the roads and better protect the community.  The SCRAMx monitors the DUI offender's compliance with the court imposed curfew.

Costs of a DUI - 2010

The costs of a DUI are increasing. Everybody knows that a DUI charge and conviction can devastate most people financially. MSN Money reports that a typical first time DUI costs around $10,000 after court costs, fees, towing, and increases in insurance, assuming there was no collision at the time of the DUI stop.

So How Did They Arrive at This Figure?

Bail. In order to be released after arrest and after the sobering up, the offender should plan on paying between $150 to $2500 for bail. Note that in Kentucky, after an interview by pretrial services, the offender could be released on their own recognizance or find themselves paying up to $2500 for bail, assuming there were no additional charges besides the DUI.

Insurance. As attorneys and DUI offenders know, a DUI stop can drastically affect the price of auto insurance. Some insurance companies will drop offenders upon learning of the charge – even before a conviction. Yet others will place the convicted offender in the high-risk category and increase their premiums. MSN Money estimates the insurance cost to be $4,500 or more on a national basis. It could take between three to eight years of “clean” driving for premiums to go back to a preferred status. In Kentucky, this attorney is aware of at least one insurance company which does not raise rates for a DUI-1st conviction.

Fines. For a DUI 1 st conviction, the fines and court costs will vary, ranging between $600 to $1,200. In Kentucky, based on the county, the fines and court costs for a DUI 1 st conviction are $718.00.

Alcohol Education and Treatment. Upon conviction, states require alcohol assessment and attendance at an education or treatment program. The costs vary. MSN estimates the costs to range from $150 to $2000.

Legal Fees. Then there are the legal fees to consider. MSN Money reports attorney fees ranging from $250.00 to enter a guilty plea, up to $25,000 for a complex and rigorous defense. Note that this does not include investigators to review witness and any other case related expenses.

Detention Center / Jail Fees.  In Kentucky, plan on spending additional money for booking fees. Additionally, some Kentucky jails charge a per day fee.  If you are lucky enought to be granted home incarceration to serve  your time, then plan for additional monitoring fees.

Ignition Locks. In some states, a court may order the installation of an ignition lock to prevent convicted offenders from driving if intoxicated. According to MSN Money, these costs can cost between $75 to $1290 / month, plus an installation fee.

License Reinstatement Fee. According to MSN Money, this fee averages $75.00. In Kentucky, this fee is $40.00.

Blood Testing.  In Kentucky, prior to providing evidence for the state in the form of your blood, breath or urine, you have the option of selecting to later have a blood test, which must be paid for at the time of the test.  The test costs around $400. 

Towing. If the officer choses to have your vehicle towed, it could cost the offender between $100 to $1,200 to reclaim their vehicle. Apparently Chicago charges $1,200 to tow the vehicle.

Intangible Expenses.  Then there are the intangible expenses to consider:

Lost time from work while in jail.

Loss of license resulting in lost time in getting around.

Possible loss of job and income.

Cost to obtain new job.

Possible loss of professional license.

Breakup of families (and associated divorce costs).

Stigma of being a drunk driver.

Increased life insurance premiums.

 

Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Kentucky General Assembly Wants to Toughen Aggravated DUI Laws

The Kentucky General Assembly approved a bill  last Friday which added penalties for some Kentucky DUI charges. The bill now goes to Gov. Steve Beshear.  

The penalties inside Senate Bill 34 include a provision to lower the blood-alcohol level for which someone could be charged with aggravated DUI from 0.18 to 0.15, and requires those convicted of an aggravated DUI to use an ignition interlock device for six months on the first offense, 12 months for a second offense, and 30 months for a third offense within five years. Furthermore, an ignition interlock device must be used by individuals granted hardship licenses.

Post by Lexington, Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Ignition Interlocks in DUI Cases

In Kentucky, a court may order the installation of an ignition interlock devices in limited circumstances according to KRS 189A.340, for second or subsequent violations of the Kentucky DUI statute.

These circumstances can be found by clicking the link to the statute: KRS 189A.340

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