If you are charged with and facing a 3rd offense DUI in Kentucky, you need an experienced criminal defense attorney on your side. The charge of third offense can be for any two prior DUI or OVI convictions within the past 10 years. This can be within or outside of the state of Kentucky. By statute (yet to be determined if constitutional by courts), it may also include plea agreements which stated at the time that it could be held against you for five additional years.
Remember, even if your second (2nd) offense was pled down to a first offense, the next one is still a 3rd offense. Simple math, 1 + 1 + 1 = 3. Same holds true for a charge of DUI 4th, which is a felony in Kentucky.
With the changes in the law extending the lookback period from 5 to now 10 years, there is more a need than ever to have an experienced criminal defense lawyer in your corner. Most “DUI Lawyers” also practice other areas of criminal defense. A DUI charge IS a criminal charge and a criminal defense attorney can protect your rights. You are facing loss of license, loss of money via fines and court costs, probation and incarceration. These are all criminal consequences if found guilty.
A third offense carries mandatory incarceration of 30 days (maximum 1 year) which is doubled if there exists any aggravating circumstances. Those aggravating circumstances include: (1) driving wrong way on highway; (2) driving over 30 mph over speed limit; (3) having child under 12 in the vehicle; (4) accident with serious injury; (5) refusal of blood/breath alcohol test; OR (6) alcohol concentration over 0.15. Other penalties for 3rd offense DUI in Kentucky include: loss of license 2-3 years, $500-1000
If you have been charged with DUI in Kentucky, you should hire an attorney who regularly practices in the area. For consultation and representation contact Bouldin Law Firm and speak to Michael Bouldin. Call at 859-581-6453 or email at firstname.lastname@example.org. Call 581-MIKE today.