Traffic, License Points & DUI

Traffic, License Points & DUI 2017-05-05T10:33:01+00:00

POINTS ON LICENSE

The County Attorney is also responsible for prosecuting traffic offenses that occur within the county. Most traffic offenses will lead to the imposition of points on your drivers’ license. Here is some information from the Kentucky DOT about Kentucky’s point system.

If you are under the age of 18 and accumulate six points within two years or if you are over the age of 18 and accumulate 12 or more points against your license within two years, the Transportation Cabinet may suspend or revoke your privilege to drive a car. Conviction of the following moving traffic offenses shall be cause for the Transportation Cabinet to assess the points indicated or suspend the license as indicated. These actions against the license are in addition to any fine, court costs or other penalty assessed by the judge or a jury.

  1. Racing – 90 days suspension;
  2. Speeding 26 MPH or more over limit – 90 days suspension;
  3. Attempting to elude law enforcement officer by use of motor vehicle – 90 days suspension.
  4. Speeding 15 MPH or less over the limit – 3 (except under 10 on a limited access highway);
  5. Speeding 16 MPH or more, but less than 26 MPH, over the limit – 6;
  6. Failure to stop for church or school bus – 6;
  7. Improper passing – 5;
  8. Reckless driving – 4;
  9. Driving on wrong side of road – 4;
  10. Following too closely – 4;
  11. Failure to yield to emergency vehicle – 4;
  12. Changing drivers in a moving vehicle – 4;
  13. Vehicle not under control – 4;
  14. Stop violation (electric signal, railroad crossing, stop sign) – 3;
  15. Failure to yield – 3;
  16. Wrong way on one-way street – 3;
  17. Too fast for conditions – 3;
  18. Too slow for conditions – 3;
  19. Improper start – 3;
  20. Improper driving – 3;
  21. Careless driving – 3;
  22. Failure to yield left lane – 3;
  23. Improper lane usage – 3;
  24. Failure to illuminate headlights – 3;
  25. Failure to dim headlights – 3;
  26. Any other moving hazardous violation – 3;
  27. Commission of a moving hazardous violation which involves an accident – 6; or
  28. Combination of two (2) or more moving hazardous violations in one (1) occurrence – 6.

A person may go to traffic school once per year for some moving violations and not have any points assessed against their license. It is important to remember that if the Transportation Cabinet suspends the driving privilege of a person during the period that a prior suspension is in effect, the subsequent suspension period shall run consecutive to the prior.

The Transportation Cabinet will also automatically suspend your license for the following offenses:

Driving with no insurance, Second or greater offense;
Driving while your license is suspended;
DUI, second or greater offense;

WHAT IS DUI?

DUI is an abbreviation for Driving while Under the Influence. This law prohibits a person from being in physical control of an automobile while under the influence of alcohol, drugs or a combination of substances that impair driving ability. There are two elements to DUI:

Driving
The acronym should actually be OUI for Operating Under the Influence because the law does not require someone to actually be driving down the road before they can be convicted of the offense. Under the right circumstances, a person in physical control of a non-moving vehicle can be rightly charged and convicted of DUI. You should consult an attorney regarding your particular circumstances.

Under the Influence
There are many ways someone can be under the influence and should not be driving.

Having an alcohol concentration of .08* or above.
If the alcohol concentration of a person exceeds .08 g/210L of breath or .08 g/100ml of blood, they are presumed by law to be under the influence of alcohol. It does not matter if they appear to be as sober as a stick, if the alcohol concentration exceeds .08, they are presumed to be under the influence of alcohol and have violated the statute. It is important to remember that under the influence does not mean “drunk”. A person can be under the influence of alcohol and not be slobbering drunk.

*Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210. Persons under 21 are presumed to be under the influence at .02.

Under the influence of alcohol
Even if a person’s alcohol concentration of .08 or less, it is still possible that they could be under the influence of alcohol and should not be driving. Also, if a driver refuses to take a breath test, they can still be found guilty of DUI if they are under alcohol’s influence.

Under the influence of any other substance or combination of substances that impair driving ability
Certain illegal drugs (and certain legal drugs) can impact an individual’s ability to drive a vehicle. If you are taking prescription medication, be sure to follow the warning labels carefully.

Under the combined influence of alcohol and any other substance
Alcohol can dramatically change the effect prescription drugs have on a person. Again, if you are taking medication for any reason, be sure to follow the warning labels carefully.

Under 21 DUI
Kentucky has a zero tolerance law for drivers under 21. A person under 21 will be presumed to be under the influence of alcohol if they have an alcohol concentration of .02 or above. If a person under 21 has an alcohol concentration above .08, they will be punished like an adult regardless of their age.

What are the punishments for DUI?

The punishments depend on how many times a person has been convicted of DUI in the past 10 years.

First Offense Within 10 Years:

a) Penalties – $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment.
b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
c) Alcohol or Substance Abuse Treatment Program – 90 days.
d) License Revoked – 30-120 days (or, if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.

Second Offense Within 10 Years:

a) Penalties – $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days.
b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
c) Alcohol or Substance Abuse Treatment Program – 1 year.
d) License Revoked – 12 – 18 months (or, if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.
e) License plate impoundment or installation of ignition interlock device.

Third Offense Within 10 Years:

a) Penalties – $500 to $1000 fine and 30 days to 12 months jail, and court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present mandatory minimum term of imprisonment shall be 60 days.
b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
c) Alcohol or Substance Abuse Treatment Program – 1 year.
d) License Revoked – 24 to 36 months. May apply for hardship license after minimum suspension period expires.
e) License plate impoundment or installation of ignition interlock device.

Fourth or Subsequent Offense Within 10 Years:

a) Penalties – 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days.
b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
c) Alcohol or Substance Abuse Treatment Program – 1 year.
d) License Revoked – 5 years. No hardship license.
e) License plate impoundment or installation of ignition interlock device.

Aggravating Circumstances referred to above are:

a) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit;
b) Operating MV in wrong direction on limited access highway;
c) Operating MV that causes accident resulting in death or serious physical injury;
d) Operating MV while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of MV;
e) Refusing to submit to any test(s)

[blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and
f) Operating MV that is transporting a passenger under 12 years of age.

IMPLIED CONSENT

Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. If you refuse to take a breath test, regardless of the outcome of your trial, your drivers’ license will automatically be suspended for the following time periods:

(It should be noted that all of the offenses listed below are for refusals within a five year period.)

1st Offense 30 to 120 Days
2nd Offense 12 to 18 Months
3rd Offense 24 to 36 Months
4th Offense or subsequent-60 Months