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Sentence Enhancements for DUI in Kentucky

There are several specific aggravating circumstances which carry enhanced penalties for DUI offenses. These enhanced penalties vary depending on one’s prior convictions. The aggravating circumstances are: (1) exceeding the speed limit by thirty miles per hour or more, (2) travelling in the wrong direction on a limited access highway, (3) causing an accident that results in death or serious injury to another, (4) operating a motor vehicle with a BAC at or above 0.15, (5) refusing to submit to a chemical sample as required by statute, (6) transporting a passenger under the age of twelve years old. All enhanced penalties are mandatory and cannot be discharged or suspended for any reason.

When one is convicted of his/her first offense within five years of any prior offenses the penalty enhancement is a mandatory imprisonment period of four days. When one has been convicted of a second offense within five years of a previous conviction the enhanced penalty for one of the aggravating circumstances is fourteen days imprisonment which cannot be suspended or discharged. A third conviction within five years carried an enhanced penalty of sixty days imprisonment. A fourth conviction, felony DUI, has an enhanced penalty of two hundred forty days mandatory imprisonment.

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