Persons charged with DUI in Kentucky who submit to a breathalyzer now have a new consideration and consequence depending on their blood alcohol level. Kentucky has recently passed a law which modifies the “high tier” limit for DUI from .18 to .15. This is now in effect having changed July, 2010.
The high tier is considered an “aggravator” to the charge of DUI. Other aggravators include: driving wrong way on highway, accident with serious injuries, speeding over 30 mph over speed limit, having a child under 12 in the vehicle, and refusal to submit to a blood alcohol test. If convicted with the aggravator, a criminal defendant is subject to 4 days in jail on a first offense and double minimum jail time on any subsequent offense.
This change in the law should be considered before a defendant decides whether to consent to a breathalyzer or any other blood alcohol test. The change should also be a major consideration prior to any guilty plea or decision to contest and have a trial when charged with DUI.
If you have been charged with DUI in Northern Kentucky, contact Michael Bouldin at 859-582-6453 or mwbouldin@fuse.net.
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Frankly I think that’s absoleulty good stuff.