Asked in DUI / DWI for Kentucky

Q: I got 2 DUI'S within 15 days of each other.. When court was all over I was charged with 2 DUI First

What does that mean? And if I get another one is it my 2nd or 3rd?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • DUI & DWI Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If you get another one within 10 years it is your third offense.

Joseph Suhre
Joseph Suhre
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Cincinnati, OH
  • Licensed in Kentucky

A: Having two DUI's pending at the same time could have resulted in a DUI 1st and a DUI 2nd if convicted of both.

In Ballinger v. Com., the Kentucky Supreme Court held that KRS 189A.010(5) does not require a "conviction to offense sequence" for enhancement. Ballinger held that any conviction, without respect to the date of the occurrence, can be used to enhance if the prior conviction existed before a plea on any pending DUI. This case overrules Com. v. Beard, which held that Kentucky was a conviction to offense state for enhancement.

But, as you have probably been told - a new offense within a 10-year period will be considered a 3rd offense even though you never were punished as a 2nd offender.

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