There can be some very severe penalties for driving while under the influence of alcohol and/or drugs. The penalties only become worse if you have prior convictions for driving while intoxicated. These penalties can be enhanced if there are any aggravating circumstance present such as refusal to take a chemical test, driving while intoxicated while speeding over a posted speed limit, an alcohol level that is 2 to 3 times more than the blood alcohol content of 0.08%, or causing an accident while you are driving while intoxicated that causes serious injury or death.
Depending upon the state you are in you can be penalized in many ways including jail time, fines, license suspension, having your vehicle impounded, having an Interlock ignition device placed on your vehicle, or attending mandatory DWI classes or alcohol and drug counseling.
Below is a sample table of what a DWI conviction can mean for you if you live in the State of Kentucky:
1st Offense | 2nd Offense | 3rd Offense | |
Jail Time |
2-30 days | 7 days to 6 months | 30 days to 12 months |
Fines and Penalties |
$200-$500, 90 days of alcohol and substance abuse counseling | $350-$500, 1 year of alcohol and substance abuse counseling, 10 days to 6 months of community labor |
$500 – $1000, 1 year of alcohol and substance abuse counseling,10 days to 12 months community labor |
License Suspension |
30 to 120 days | 12 to 18 months |
24 to 36 months |
IID (Interlocking Ignition Device) Required |
No |
No |
No |
AGGRAVATING CIRCUMSTANCES
Speed Limit – Driving 30 MPH over Limit
Driving the Wrong Way on Limited Access Highway
Causing an Accident that Results in Injury or Death
Alcohol Level is .18 or Above
DWI Test Refusal
Passengers Under the Age of 12
Prior DWI’s are relevant for 5 years
BLOOD ALCOHOL CONTENT
Under 21 |
.02% |
21 or older |
.08% |
Commercial |
.04% |
** BAC = blood alcohol content
REFUSAL TO TAKE A CHEMICAL TEST
Kentucky has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
Minimum 30 day license revocation. If convicted of DUI after refusing to take test, jail penalty is doubled. |
Minimum 1 year license revocation. If convicted of DUI after refusing to take test, jail penalty is doubled. | Minimum 2 years license revocation. If convicted of DUI after refusing to take test, jail penalty is doubled. |
Source: Kentucky Transportation Cabinet/www.transportation.ky.gov
The above is simply a sample of what you may be facing depending upon where you were arrested. After you are convicted, criminal penalties will follow. There will be other consequences as well. You will miss work because of incarceration or your inability to operate a motor vehicle. You could lose your job which would take away your ability to provide for yourself and your family. Your insurance premiums will skyrocket and may become non-renewable. You will also have to provide your conviction information to employers.
No matter what state you are in trying to defend yourself in these situations can do more harm than good. DWILawyers.com can help you find an attorney to help you when you have been arrested for a DWI. At DWILawyers.com you can fill out our easy form for a free consultation with an attorney in your area. Visit www.dwilawyers.com and set up a consultation.