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Kentucky DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Kentucky on
Q: How many times can you get a DUI in Kentucky before you lose your license?
Timothy Denison
Timothy Denison
answered on Sep 7, 2018

None. First offense, 30-120 loss. Second offense 1 year to 18 months, Third Offense, 2-3 year loss, Fourth or subsequent, 5 year loss.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Is driving after smoking marijuana considered a DUI in Kentucky?
Timothy Denison
Timothy Denison
answered on Aug 22, 2018

Yes.

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1 Answer | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: In a traffic stop what constitutes a "lawful order"?
Timothy Denison
Timothy Denison
answered on Aug 9, 2018

Any reasonable request of the police officer to the driver.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Do you get to have a jury trial for a DUI?
Timothy Denison
Timothy Denison
answered on Jul 27, 2018

No. Not on a first offense, at lest.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Are there worse DUI penalties in a school zone?
Timothy Denison
Timothy Denison
answered on Jul 13, 2018

No

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can you apply to have fines waived after a DUI conviction?
Timothy Denison
Timothy Denison
answered on Jul 9, 2018

You can seek waiver of all of the fees except the $375 service fee post conviction.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My wife got a dui charge in paducah, ky last night. Can she get court supervision to keep it off her record?

she holds a pta and massage therapy license. Wil she lose them?

Timothy Denison
Timothy Denison
answered on Jun 26, 2018

She may be able to qualify for a diversion program if they have one down there. The County Attorneys Office can tell you whether they have such a program.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: What is the penalty if someone else helps you start your car with your IID?
Timothy Denison
Timothy Denison
answered on Jun 14, 2018

Could be a Tampering With Physical Evidence Charge.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I had a DUI 1st offense in Bowling Green in 2007. Will that show up on a state & federal criminal background check now?

No incidents prior or afterwards, just a stupid decision at the time.

Timothy Denison
Timothy Denison
answered on Jun 14, 2018

Yes it will. You should contact a local attorney and have it expunged immediately.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Do you have to answer questions from the cops if you're pulled over for DUI?
Timothy Denison
Timothy Denison
answered on Jun 1, 2018

No. Exercise your 5th Amendment right to remain silent.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can you challenge the way a chemical test for a DUI was administered?
Timothy Denison
Timothy Denison
answered on May 18, 2018

Yes. If it does not comport with the manufacturers instructions or the Kentucky Administrative Regulations, you may be able to have it excluded.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Is there mandatory jail time for a first time DUI?
Timothy Denison
Timothy Denison
answered on May 4, 2018

Not unless there is an aggravator present, such as an accident, speeding 26 over, children present in the vehicle, etc BaC over .15, etc.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Do you get a harsher sentence for having more alcohol in your system?
Timothy Denison
Timothy Denison
answered on Apr 20, 2018

Yes. If your blood alcohol is above .15, that becomes an aggravator. The presence of an aggravator in a case can subject you to harsher treatment and penalties if you plead guilty or are convicted of DUI.

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: how can i amend or drop charges for my son's dui and not in vechicle

not in vechicle, car in area, no driver, test was given failed sobreity and field test, but he was not driving, and officer gave him a dui anyway what can we do, with over 1/3 left and obligation to pay fine over 915.00

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If your son had a lawyer, or has pled guilty and been sentenced, it will likely be difficult to do. If he did not have a lawyer, you might be able to go in and have it set aside, although most judges don’t like to set aside pleas absent some type of fraud or mistake etc.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: need advice on turning around a dui 2 sentence that is nearly complete but driver was not in the car at time of arrest
Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If the driver has already plead guilty and been sentenced, it may be tonight to do. If he has not been sentenced, you can move the court to set aside the plea. However, judges are reluctant to do this absent some kind of showing of fraud, mistake, excusable neglect etc.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My fiancé got stopped in a drive way for dui and refused a breathalyzer but still got arrested what should he do now

Someone called and reported that he was swerving so the cop ended up following him on a street he noticed the cop and pulled into a driveway where it was dark and scrapped a cable box, the cop stopped and asked questions, did a walking test and arrested him for dui. He doesn't remember the cop... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 5, 2018

It really doesn't matter where you are stopped in regards to a DUI. If operating a motor vehicle and under the influence of alcohol or other intoxicant, officers, with probable cause for DUI, can effect an arrest. It severely weakens their case when someone refuses the breathalyzer because... View More

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Kentucky on
Q: Can I say my car was stolen?

I let my friend borrow my car to go to the gas station and back. I have a witness that I said, "Promise me, only the gas station and straight back" and he said, "Yes, I promise. There and back." 4 hours later I get a call that he has totaled my car in a ditch driving drunk. He... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

The proper charge is Unauthorized Access to a Motor Vehicle. If you say it was stolen your friend will retaliate with, "hey, I know him and he gave me the keys and authority to drive the car. I was gone four hours, but I had no intent to permanently deprive him of his vehicle. He knows... View More

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Hello. My boyfriend is logged in Barren County regional jail, 4th offense DUI $5,000 cash bond . Can an attroney 10%??
Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

He can, but there is a good chance he will not. A 4th offense is a Class D felony and calls for 120 days to serve that will not be set aside or probated. Most people try to get a one year sentence and go to the penitentiary because of the mandatory serve time. They end up not doing much more or... View More

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Hi My license will be revoked here in the state of kentucky, in about a month. My question is..if I move to another stat

Hello, I have a hearing to get my license revoked here in the state of kentucky, in about a month. My question is..if I move to another state and transfer my license there. Will they know? Will Kentucky notify them after the fact? Its not for accidents or anything or dui.. Its because I got a... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

Once you are suspended or revoked in one state, other states will almost always FIND this on their national computer database. The National Driver Registry and other tools are in place to FLAG and deny you a license elsewhere. See this Wikipedia link:... View More

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