As of October 1, 2000, the Kentucky legislature implemented a new law which lists six factors that can double the minimum time a person must spend in jail if they are convicted of a DUI.  These six factors are referred to as “aggravating circumstances,” and a person convicted of a DUI inclusive of aggravating factors cannot ask for a conditional discharge or probation that would eliminate or reduce their jail sentence.  It may; however, be possible for their attorney to reach a plea agreement with the court that would obviate some, or all aggravating factors and possibly reduce their jail sentence.

The DUI Six Aggravating Factors Are Listed Below:

  1. Operating a motor vehicle in excess of 30 miles per hour above the speed limit.
  2. Operating a motor vehicle in the wrong direction on a limited-access highway.
  3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury.
  4. Operating a motor vehicle while the alcohol concentration in the operator’s blood, or breath is 0.18 or more as measured by a test or tests of a sample of the operator’s blood or breath taken within two hours of cessation of operation of the motor vehicle.
  5. Refusing to submit to any test of one’s blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating, or in physical control of a motor vehicle in violation of the DUI laws.
  6. Operating a motor vehicle that is transporting a passenger under the age of 12.

Negotiating Home Sentences

For first or second DUI offenses, it may be possible to negotiate a DUI conviction allowing the sentence to be served under house arrest providing the home is equipped with an AT&T or Insight phone line, without any secondary features such as Caller ID, Call Waiting, or Call Forwarding.

Contact Dickman Law firm without delay.  We have the experience and expertise to assist you with navigating a Kentucky DUI defense.  We are familiar with all of the aggravating factors in DUI cases, and understand what it takes to negotiate your sentence with the court.