DUI Attorney in Owensboro, Kentucky

Drunk driving is a serious offense and if convicted, it can greatly impact your life. Unfortunately, many of those accused are so overcome with fear and shame that they fail to exercise their rights and seek experienced legal counsel. In doing so, they can face unfavorable circumstances that could ultimately lead to a harsher penalty. 

Our team at Evan Taylor Law Office PSC believes in providing accused drivers with an exhaustive defense when facing a DUI charge. We have the tools and resources to help you build a strategic defense that offers you the best chance of a favorable result. You don’t have to face your charges alone. We proudly serve clients in Owensboro, Henderson, Hancock County, Ohio County, and McLean County, Kentucky.

DUI Charges in Kentucky

DUI is an abbreviation referring to driving while under the influence of intoxicants (usually alcohol) or any substance that affects your ability to drive. Other substances can include illegal drugs, prescription drugs, inhalants, or over-the-counter medications.

Kentucky’s DUI law has an “Illegal Per Se” provision, which means it is illegal to drive with a blood or breath alcohol content of 0.08% or higher. While that is the most common DUI charge, there are other ways you could be charged with a DUI in Kentucky, including

• The presence of a controlled substance is detected in your blood, as measured by a scientifically reliable test, within 2 hours of driving.

• Being under the combined influence of alcohol and any other substance, impairing your driving ability.

• A BAC of .02% or greater within 2 hours of driving if you are under the age of 21.

Additionally, Kentucky’s DUI laws aren’t limited to just cars. For example, if an officer stops you while you're on a bike, operating a boat, driving a tractor, or even smaller vehicles like a golf cart or moped, you could be charged with a DUI.

DUI Tests and Your Rights

Every state has its own rules and procedures for being pulled over by an officer. Likewise, drivers are entitled to certain rights when they are stopped. If you’re pulled over for suspicion of drunk driving in Kentucky, you will likely be subjected to field sobriety tests. However, you do have the right to refuse the field sobriety tests though it may increase the likelihood that the officer will then arrest you. 

Once you have been arrested, you will be asked to take a chemical test (breath, blood, or urine) to measure your BAC level. Refusing to take this test is also within your rights but doing will carry consequences including license suspension. 

Possible Penalties 

Given the serious nature of DUI laws, the penalties for convictions are fairly severe. In Kentucky, penalties for DUI are separated out based on the number of previous convictions:

First Offense

• $200 to $500 fine + a mandatory $375 service fee

• 48 hours to 30 days in county jail

• 30 to 120 days driver's license revocation

Some individuals may be eligible for a community labor program in lieu of fines and or imprisonment.

Second Offense

• $350 to $500 fine plus a mandatory $375 service fee

• Seven days to six months in county jail

• 12 to 18 months driver's license revocation*

*Individuals may apply for an ignition interlock restricted driver's license after 12 months for the remainder of their license suspension period.

Third Offense

• $500 to $1,000 fine plus a mandatory $375 service fee

• 30 days to 12 months in county jail

• 24 to 36 months driver's license revocation*

*Individuals may apply for an ignition interlock restricted driver's license after 12 months for the remainder of their license suspension period.

Ignition Interlock Program

Kentucky also penalizes those convicted of their second or third DUI by instituting an Ignition Interlock Program (IIP). Kentucky’s IIP requires the installment of an ignition interlock device on every vehicle you drive. The device requires you to blow an acceptable, alcohol-free breath sample before your car is started. The length of time in which a device is installed depends on whether or not you have a prior DUI conviction, usually either 90 to 120 days.