Due to recent events involving the deaths of three Adair County students, the Kentucky driving under the influence law, specifically alcohol, has been a topic of discussion among many Adair Countians.
The law, which is “operating a motor vehicle with alcohol concentration of or above .08 or of or above .02 for persons under age 21,” falls under Kentucky Revised Statue 189A.010.
The law is direct on the level of alcohol you can have in your system and be considered under the influence. The punishment is the question at hand. The law is also very clear on this. The police, attorneys, nor judges can impose any sentence beyond what the law states.
Mother’s Against Drunk Driving advocated for House Bill 220 sponsored by House of Rep. Rebecca Raymer, which would make the third DUI a felony with a minimum of 120 days imprisonment. This bill failed in committee.
According to Senate Majority Leader Max Wise, there are hundreds of bills introduced each session. This particular one passed the House of Representatives with a unanimous vote. Sen. Wise said these bills are sent to committee chairs who have the authority to decide whether to present them or what to do with them. This was sent to Judiciary Committee and at the end of the legislative session, the bill was considered dead due to no movement.
The term “aggravating circumstances” is important. What are aggravating circumstances under Kentucky law?
In order for aggravating circumstances to apply, one or more of the following must accompany the DUI: speeding 30 miles above the limit, driving in the wrong direction on a limited access highway, causing an accident that results in death or serious injury, alcohol content at 0.15 or higher, or refusing to submit to tests of blood or urine when requested by an officer who has reason to believe the person is under the influence for a second or greater offense, operating a vehicle with a passenger under the age of 12.
The law is very clear on the penalties for DUI’s as well. On the first offense within 10 years without aggravating circumstances, the fine is $200-$500 and between 2 and 30 days in jail or both. The judge may also allow the person to do community service for 2 – 30 days instead of jail time, fine or both. If aggravating circumstances are present, there is a mandatory jail time of no less than four days.
One the second offense within 10 years without aggravating circumstances, the fine is $350 - $500 and between 7 days and 6 months in jail. Additionally, they can be given community service for no less than 10 days nor more than six months. If aggravating circumstances exist, the minimum jail time is 14 days.
For a third offense within 10 years without aggravating circumstances, the fine is $500 - $1000 and spend between 30 days and 1 year in jail. Additionally, they can be given community service for 30 days to 1 year. If aggravating circumstances are present, the mandatory jail time is 60 days.
The fourth or greater offense within 10 years is a Class D felony and a minimum of 120 days in jail. If aggravating circumstances exist, the minimum jail time is 240 days.
These parameters of punishment are written into law. They can only be changed through the state legislative process.
By Amy Pike
newsroom2@adairvoice.com
