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What are the consequences for a DUI?

On Behalf of | Sep 2, 2022 | Criminal Defense

Any traffic stop may result in stress at the thought of a ticket. When an officer starts conducting roadside testing and asks for a breath sample, you may find yourself in even more legal hot water.

A DUI charge may cause difficulties for your transportation and finances. Discover the kind of punishment you may face should you face a DUI in Kentucky.

Is a DUI a felony?

The court charges most DUIs as misdemeanor offenses. However, if you have repeat DUI charges, you may face a felony. A fourth DUI in 10 years becomes a felony. Other circumstances may also elevate a misdemeanor to a felony or come with more severe punishment.

What are aggravating circumstances?

A DUI charge may have aggravating factors if the danger to the public or a specific individual was greater. Some of the most common aggravating circumstances include:

  • A BAC greater than .15
  • Exceeding the posted speed limit by 30 miles per hour or more
  • The presence of a child 12 years of age or younger
  • An accident with significant bodily injury

Any aggravating factors may increase fines, jail time and license suspension.

What happens to your license?

A driver’s license is not a guarantee. Under the terms of your license, you agreed to take chemical testing should an officer request it. This implied consent means that should you decline an officer’s request for a breath test, you lose your license for at least six months. Even if the court drops your DUI charge, your license remains suspended.

Regardless of implied consent, you may lose your license for a minimum of six months with a DUI charge. Subsequent DUIs and aggravating circumstances may lengthen this time.

An idea of what may happen can set the stage for a possible defense against DUI charges.