Repeat DUI Offense Lawyer
If you have been convicted of a DUI/DWI in the past five years (five years is the “look-back” period in Kentucky) and have been arrested again, a license suspension may be the least of your worries. Remember that repeat offenders represent the public’s, law enforcement’s and the judiciary’s worst case scenario — the hard core drunk driver. Hard core drunk drivers make the news on a daily basis and “they” are worried you may fit the profile.
Penalties And Aggravating Factors
If you have been convicted of drunk driving in the past five years, subsequent DUI penalties are as follows:
- Second DUI: License suspension for one year, up to six months in jail, fines between $350-500
- Third DUI: License suspension for two years, up to one year in jail, fines between $500-1,000
- Fourth DUI: A fourth DUI is a felony. License suspension for five years, up to five years in jail, no “hardship” license
In addition to these penalties, a repeat DUI offender is required to attend a year-long alcohol or substance abuse program and pay other service fees and costs.
Aggravating factors that enhance minimum jail time include:
- Driving 30 mph over speed limit
- Driving the wrong way on limited access highway
- An accident resulting in death or serious physical injury
- Alcohol level of .15 percent or more within two hours after operating
- Refusal to submit to testing
- Having passengers under 12 years of age in the car
Mandatory minimum jail times for a DUI with aggravating circumstances are as follows:
- First offense: four days
- Second offense: 14 days
- Third offense: 60 days
- Fourth offense: 240 days
Effective Defense Strategies Are Crucial
In felony DUI cases and cases involving injury, charges are less likely to be reduced through negotiation. Having an experienced trial lawyer on your side is vital to give you a fighting chance to avoid incarceration.
Even judges and prosecutors agree that DUI law is complex, with evidentiary challenges and tough constitutional standards. A veteran DUI lawyer can make the difference between a devastating outcome and a dismissal.
Whenever possible, I help clients charged with a second, third or fourth DUI to avoid conviction. We may be able to challenge the validity of the traffic stop, Breathalyzer and blood-alcohol tests (BAC) and other aspects of your DUI arrest.