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Kentucky DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Kentucky on
Q: Last dui was 12 years ago - will the amount time time factor into sentencing for more recent dui?
Timothy Denison
Timothy Denison
answered on Nov 23, 2018

No. This is a first offense.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: How should I act if I get pulled over for drunk driving?
Timothy Denison
Timothy Denison
answered on Nov 9, 2018

Compliant and cooperative.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Are there higher penalties for drunk driving if you have other passengers in the car?
Timothy Denison
Timothy Denison
answered on Oct 25, 2018

Yes. That can be an aggravator to up the penalty or it can result in additional charges.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can police take away my license for a DUI or do they have to get a judge in court to do it?
Timothy Denison
Timothy Denison
answered on Oct 13, 2018

You are entitled to keep your license until the judge asks for it in court.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: My friend has been convicted with dui and in jail from Saturday morning 8:30. Will he be out in 8 hours ??

In last call with him told that he will be out in 8 hours but when I talked with officer, they don’t have any anticipated time ? Can I at least meet him on Saturday/Sunday?

Timothy Denison
Timothy Denison
answered on Sep 29, 2018

Depends on what his bond is and when it is set.

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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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