Sunday, March 7, 2010

A couple of points Worth To Know About DUI Laws in Kentucky

What is Kentucky's DUI Law? What does it mean?

DWI / DUI is an acronym for driving under the influence of intoxicants (alcohol) or any substance or substances which affect the ability to drive. Other substances can also illicit drugs, prescription drugs, inhalants such as glue, gasoline, spray paint, etc., and / or medication over the counter. Kentucky's DUI law is an "Illegal Per Se" provision. "Illegal Per Se" (At first sight, or by itself) means that it is illegal to drive witha blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky's DUI Law

Here are the highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms and conditions associated with drunk driving in Kentucky.

"Per Se BAC 'Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied consent law: Yes

License Suspension 1 Offense: 30 days

License Suspension 2nd Offense: 1 years

License Suspension 3rdOffense: 2 years

Mandatory Jail Time after 2nd Offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment / Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and front passenger

These are the highlights of the main provisions of the Kentucky law on drinking and driving. Other factors can increase the penalties for drink-driving, as if aInjury or death has occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another important fact to know: 90% of DUI arrests occur between 10PM and 3 clock.

How can my DUI record?

You may have some options available to clear your record. Your first opportunity after a DUI conviction is to seek a new trial by the court. If there is an error in the admission of evidence at your trial or any other procedural problems, your lawyer can ask the court for a newTrial. If the judge grants your request for a new trial, you will have the opportunity to republish your entire case, this time before a new jury. If you are not found guilty after your second attempt, then your entry will be deleted and would have the legal effect as if you never were convicted. If the judge refuses to have a new trial or you lose your second trial, you may be entitled to appeal your DUI conviction. If it erred in law to the test version, or the jury completely disregardedthe facts, you may have grounds for an appeal. Involves filing an appeal brief with the court and oral argument, you will not be required to appear or to retire to the complaint. If your appeal is successful, then your conviction will be reversed, and your entry will be deleted.

The Truth About Lawyers - Even though lawyers are the brunt of many jokes, they are in the legal industry to help. You could be one of the most expensive lawyers as rent, to represent youfor your DUI case, and you'll still pay less money to him as you would on the court. When you select a certain amount of money to pay the court had to have the license revoked, must go to jail and spend a weekend at a conference where they describe how bad is drinking and driving ... OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance to go down with the DUI and released from prison, would not that bebetter?

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