Drivers Under 21 with BAC of 0.08 or Above Can Be Subject to Same Penalty As Adults in DUI

Individuals in Kentucky under 21 charged with DUI may be prosecuted as an adult if their level of intoxication was above 0.02 within two hours of cessation of operation or physical control of a motor vehicle.

The punishment for a person under 21 convicted of DUI include:

1. Penalties - $100 to $500 fine or sentenced to twenty (20) hours of community service in lieu of a fine.
2. Alcohol or Substance Abuse Treatment Program - 90 days
3. License Revoked - 30 days to 6 months

However, if the person is under the age of twenty-one (21) and they had an alcohol concentration of 0.08 or greater, Kentucky law states that the person shall be subject to the more severe punishment as those over twenty-one (21).

The punishment for a person 21 or over convicted of a first DUI offense within 5 years include:

1. Penalties - $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment.
2. Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
3. Alcohol or Substance Abuse Treatment Program - 90 days.
4. License Revoked - 30-120 days (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.

Aggravating Circumstances referred to above include:

1. Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit;
2. Operating MV in wrong direction on limited access highway;
3. Operating MV that causes accident resulting in death or serious physical injury;
4. Operating MV while alcohol concentration in operator’s blood or breath is 0.18 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of MV;
5. Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and
6. Operating MV that is transporting a passenger under 12 years of age.

For additional information, see, KRS 189A.010, KRS 189A.040, and Commonwealth v. Reynolds, No. 2003-SC-0154-CL (Ky. 06/17/2004).

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