What happens if you get a second DUI within 5 years of your first DUI in Louisville, Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, or Jeffersontown, Kentucky? Here in Kentucky we have found it is not unusual for those who have a previous DUI to be pulled over for a second DUI within the five year “look back” period. However, the penalties for a second DUI are much higher than the first and you will need an experienced, proven DUI defense attorney to represent and protect your interests.
A second DUI can be especially concerning for those with a commercial driver’s license. Commercial drivers who test higher than 0.04 in Blood Alcohol Content (BAC) are facing the possibility of losing their commercial driving privileges permanently.
Kentucky’s “implied consent” laws require the driver to comply with an officer’s request for a blood or breath test (if the officer has a reasonable reason to believe a driver is under the influence). If you refused to test it can significantly enhance all available penalties to the Court.
My name is John Schmidt, and after more than 25 years of experience representing those charged with DUI and other criminal offenses, I can tell you a second DUI within 5 years in Louisville or anywhere in Kentucky requires the advice and skilled representation of a criminal defense attorney. There are many things I can do as your criminal defense lawyer to evaluate the stop, evidence collection and all actions of law enforcement as well as mitigating circumstances that could have a positive impact on your case or help you to avoid a second DUI conviction.
At the Law Offices of John Schmidt & Associates we work with you to protect your interests and develop a strong DUI defense strategy designed to exercise your rights and lessen the penalties you may face, and in some cases, obtain a dismissal of the charges or acquittal.
The Potential Penalties for a Second DUI within 5 Years in Kentucky
The minimum jail sentence for a second DUI within 5 years will be 7 days, and based upon the unique circumstances in your case the Judge may consider a jail term of up to six months. The presence of “aggravating circumstances” will enhance the minimum jail term and other consequences as well.
If you got a second DUI within 10 years in Louisville or the surrounding counties you also face the suspension of your driver’s license for at least 12 months and up to 18 months, and between 10 days and 6 months of community labor (service).
In addition, you will be required to complete a one year alcohol or substance abuse treatment program. The program is required to perform an “assessment” of your alcohol and/or substance abuse challenges at the outset of the program.
Here in Bullitt County, we provide those convicted of a DUI with the option of enrolling in the Kentucky Ignition Interlock Program or KIIP. If you elect to participate in KIIP the suspension of your license for a second DUI within 5 years will be limited to 12 months.
A second DUI arrest requires a strong defense and the advice of an experienced, proven criminal defense attorney. We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
