Huntington-Ashland, Kentucky DUI Attorney

Aggravating Circumstances Result in higher minimum time in jail:

There may be other reasons, which is why it is very important you speak with an assertive and professional DUI attorney in Huntington-Ashland, Kentucky about the specifics in your case.

1. Over 30 mph over speed limit
2. Wrong way on limited access highway
3. Alcohol level of .18 or more within 2 hours after operating
4. Transporting passengers under 12 years of age

Huntington-Ashland, Kentucky DUI and Implied Consent

In Huntington-Ashland and throughout Kentucky, "Implied Consent" refers to a person who operates or is in physical control of a motor vehicle giving their consent to one (1) or more tests of blood, breath and urine, or a combination for the purpose of determining BAC (blood-alcohol concentration) or presence of a substance which may impair their ability to drive.

If an individual is charged with DUI, it is a serious offense that can have serious consequences, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a DUI (DWI) charge understand what challenges they will encounter. Seeking the legal advice of an accomplished and skilled DUI criminal defense lawyer will help you understand all of your rights and options.

In Huntington-Ashland, Kentucky, the DWI (driving while intoxicated) or DUI (driving under the influence) law has an "Illegal Per Se" provision. This means it is illegal to drive with a Blood Alcohol Content (BAC) level of 0.08 or higher. K.R.S. 189A.010 requires that a test be given within two (2) hours of operation of the motor vehicle for results to be admitted into the courts as evidence in per se Kentucky DUI prosecutions.

Being charged with DUI is a serious offense that can have major repercussions, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing a DUI charge in Kentucky understand what challenges they will encounter. Seeking the legal advice of an assertive and professional DUI attorney will help you understand all of your options and rights.

Kentucky DUI (DWI)

Drivers in Huntington-Ashland, Kentucky can be convicted at BAC (blood-alcohol concentration) levels lower than .08 based on other evidence which indicates impairment. Also, drivers who are under the age of 21 are deemed to be under the influence at .02 breath or BAC levels.

Penalties for First Time DUI Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a Blood Alcohol Content (BAC) level of 0.04. A first time DWI (driving while intoxicated) or DUI (driving under the influence) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• Kentucky Public Service for DUI - Upon the court's assessment, a first time DUI (DWI) offender in Huntington-Ashland, Kentucky may be required to complete a minimum of 48 hours to a maximum of 30 days of community service.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 30 to 120 days.
• Jail Time - A first time DWI (driving while intoxicated) or DUI (driving under the influence) offender faces minimum mandatory jail time of 2 days, with a maximum of up to 30 (thirty) days.
• DUI & Kentucky Driving Privileges - A DUI (DWI) conviction results in the revocation of Kentucky driving privileges for 30 (thirty) days, with a maximum revocation of up to 120 days.
• Monetary Fines - Fines for a first time DWI (driving while intoxicated) or DUI (driving under the influence) can range between $200.00 and $500.00.