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What is DUI Aggravator?

Posted on January 24, 2017 in DUI General Criminal Law Issues - Northern KY

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction.

Those criteria are identified as aggravators.  The follow are those criteria or “aggravating circumstances” that increase the jail sentence if convicted:

  1. Refusal of request for testing breath, blood or urine;
  2. Having a blood alcohol level over .15;
  3. Having an accident with death or serious physical injury;
  4. Going the wrong way on a limited access highway;
  5. Driving over 30 miles per hour above the speed limit; or
  6. Having a child under the age of 12 in the vehicle.

There are six (6) criteria that mandate the increased penalties.  (see KRS 189A.010(11))  Those penalties only affect the jail sentence associated with the DUI.  For a first offense, the minimum jail sentence is 0 days but with an aggravator, there is a minimum 4 day sentence. Second offense within 10 years carries a minimum jail sentence of 7 days and 14 if aggravated.  Third offense within 10 years has minimum 30 days incarceration and that doubles to 60 days if an aggravating circumstance exists. Fourth offense within 10 years is a felony, but 120 days in jail is the minimum which doubles if aggravated.

If you have been charged with a DUI, you should hire an experienced criminal defense attorney.  For consultation in Boone, Campbell or Kenton county, call the Bouldin Law Firm at 859-581-6456.  Contact Mike Bouldin at 581-MIKE or email at mwbouldin2@gmail.com.