Accessing Kentucky DUI Records

When a person drives under the influence of any substance which can impair his or her driving ability it becomes a serious and punishable offense. Such substances are alcohol, narcotics, few prescribed drugs, and even inhalants like glue or spray paints. There is also a specific provision for the illegal Per Se (KRS 189A.010) in Kentucky DUI laws which makes it illegal to drive when the Blood Alcohol Content is 0.08% or higher. There is no longer any evidence required to prove for the prosecutor about the imparity in driving if the offender has been charged for a Kentucky DUI under the clauses of the Per Se laws.  But this charge would be acceptable only if the offender had submitted the test within two hours of the drunken driving arrest.

Kentucky DUI Records

Kentucky driving records are also called the Motor Vehicle Records. It is recommended to check your driving records periodically to make sure of no inaccuracies there. Any wrong information there can result into higher insurance premiums incurred on you and even cost you your job. Both the insurance companies and the employers would look into your driving history for the records of violations and suspensions before they do business with you.

Retrieving Kentucky DUI Records

To obtain the Kentucky DUI records you need to get your driving record from the Division of Driver Licenses. You can order for your records through email, fax and the postal service. You can download the form from http://transportation.ky.gov/mvl/docs/TC96-16.pdf. Complete the form and send it to the Division of Driver Licensing, 200 Metro Street, Frankfort, KY 40622. For online forms, go to https://dhr.ky.gov/DHRWeb/RS?AC=2. You can also check the status of your requests from http://dhr.ky.gov/DHRWeb/trackrequest.jsp. You can enclose your bank check of $3.00 per record with the request forms sent via the USPS.

There are many third party companies which can also provide you with your driving record which contain your Kentucky DUI records. But these are not notarized copies and are not accepted as official documents. Also you cannot always vouch for the authenticity of information provided by them. So it is recommended to go through the prolonged yet sure procedure of getting your DUI records through the DDL.

The legal limit for the BAC while driving is below 0.08% for adults, but there are certain exceptions to it as well. A driver can be convicted of Kentucky DUI even with a BAC level below 0.08% if he or she shows any sign of imparity in the field sobriety test. A driver operating a commercial vehicle is not allowed to have a BAC result of more than 0.04% according to KRS 281A.210. Along with the other penalties, the vehicle would be seized for twenty-four hours. Also, if the driver, who is under 21 years, is found to have a blood alcohol content of even 0.02% he or she is taken into custody because in the United States the beverage act does not allow alcohol consumption before 21.

For the first time offense of a DUI in Kentucky a driver requires to pay a fine of $200 to $500.  A minimum jail time that he or she may be asked to spend is two days which can extend to one month. The offender must attend the Alcohol Abuse Program or the Substance Abuse Program of ninety hours in a Kentucky DUI School. The license would be suspended for one month which can be extended four months. Forty-eight hours to a month of community service is also mandatory in Kentucky. In addition to all these, if there is any one of aggravated circumstances present an imprisonment of minimum four days would be inevitable.

For the second offense of the driver, the amount of the fine rises to the range of $350 to $500. The minimum time he or she may require to spend in jail is seven months which can stretch to six months in different circumstances. Community service of ten days to six months, license suspension for one to one and half years, and Alcohol Abuse Treatment are the other increased penalties for the re-offenders. If it accompanies any aggravated circumstances, then a minimum of fourteen days incarceration is mandatory.

For the third time offense the fine amount starts from $500 and can go up to $1000 with an imprisonment tenure varying from one month to one year. The community service term that the offender of a third conviction must render is ten days which can stretch to one year. An alcohol or substance abuse treatment of one year is compulsory for all the offenders. For the third offense the license can be revoked for a period of two to three years and with the added aggravated circumstances, the minimum incarceration term is two months.

The first three Kentucky DUI offenses in five years are considered as a misdemeanor offense but the forth offense results in a Class D Felony. For the fourth offense the offender must spend four consecutive months in prison without any provision for probation. The license is suspended for five years and the offender is subjected to eight months of compulsory imprisonment if there are any added aggravated circumstances.

The second and the subsequent offense of a DUI results into forfeiture of the vehicle’s license plate for the tenure of the driver’s license suspension. Also, the court has the discretion to order for the installation of an ignition interlock device once the license is reinstated. The ignition interlock device does not let the vehicle start if there is more than 0.02% of alcohol in the system of the driver. There is a separate section under which driving with open containers of wine, beer or any alcohol is an offense and both the driver and the passenger is subjected to penalties.

There are separate clauses of penalties for each time a driver refuses to take the chemical or the breath test. Though these penalties are limited to the suspension of the license only but it is recommended that the individual does not refuse for the test because the suspension remains effective even if he or she is found not-guilty by the court. When the driver refuses for the test for the first time the license is revoked for one to four months. On the second refusal within five years the license would be revoked for one to one and half years. For the subsequent two more refusals the driving privilege can be suspended for two to five years. You will get the details of the rules, regulations, and the penalties pertaining to DUI in Kentucky from http://drlic.kytc.ky.gov/dui/DUI_laws.htm.