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February 22nd, 2010 admin Leave a comment Go to comments

A few points worth to Know About Dui Kentuckyâ € ™ s Law

What is Kentucky's DUI law? What Does It Mean?

DWI / DUI is an abbreviation for driving under the influence of intoxicants (alcohol) or of a substance or substances that affect driving. Other substances can include illegal drugs, medicines prescription, inhalants such as glue, gasoline, paint, etc., and / or over the counter medicines. Kentucky's DUI law has an "Illegal Per Se" provision. "Illegal Per Se "(At first sight, or by itself) means that it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky's DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189 A). Legal terms related to driving under the influence in Kentucky.

'Per Se' BAC Level:, 08

Zero Tolerance BAC Level:, 02

Enhanced Penalty BAC Level: .18

Implicit consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 years

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment / Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are Kentucky highlights of the main provisions of the law relating to driving under the influence. Other factors can increase the penalties for drunk driving, such as when an injury or death, or if a child was endangered.

Source: KRS Chapter 189A

Another important fact to know: 90% of DUI arrests occur between 10pm and 3AM.

How do I clear my DUI record?

You have some options available to clear your record. Your first option after a DUI conviction to find a new process of the court. If an error in the admission of evidence at your trial or other procedural problems, your lawyer can ask the court for a new trial. If the judge your request subsidies for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you are not guilty after your second trial, then your record is erased and the effect would be as if never convicted. If the court refuses a new trial, or you lose your second trial, you can qualify for your DUI conviction appeal. If there is an error of law on your process, or the jury completely ignored the facts, may have grounds for an appeal. An appeal is submitted briefs to the court and an oral argument, you will not be required to appear or participate in the action. If your appeal is successful, your convictions are reversed, and your record is cleared.

The truth on Lawyers - Though lawyers are the victims of many jokes out there, they are in the legal sector to help. You could hire one of the most expensive lawyers out there to to represent you for your DUI case, and you will still pay him less money than you would on the court system. If you had an option for certain amount of money paid to the court, have your license taken away, must go to jail and spend a weekend at a conference where they describe how drinking and driving is bad ... OR, pay a lawyer a smaller amount money, a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, would not that be better?


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“West's Encyclopedia of American Law” is 13 volumes and 5,000 entries of comprehensive information on the fascinating American Legal System and its components. Covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law, West’s has been written, updated, and reviewed by lawyers and professors with the everyday user in mind. Everyone from the...

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