DUI Second Offense Penalties
This post focuses on the penalties for “Second Offense” DUI charges – meaning a person’s second charge within a ten (10) year period (Older DUI convictions will not be counted). If you are looking for other DUI penalty ranges, find your correct link below:
If this is your first charge, please see my post on DUI First Offense Penalties here.
If this is your third charge, please see my post on DUI Third Offense Penalties here.
If this is your fourth charge, please see my post on DUI Fourth Offense Penalties here.
Jail Time
7 – 180 days in jail
With “aggravator”*: 14-180 days in jail
After having served the minimum jail sentence, the offender is usually placed on probation by the judge for up to a year. Within this time, all sentencing requirements such as completion of treatment and payment of fines must be completed by the offender. Failure to comply with these terms can result in jail time.
*Aggravating circumstances or factors that qualify include causing an injury accident (which can also lead to a separate felony charge), speeding, having a passenger under the age of 12, refusing alcohol testing, and having a blood alcohol concentration of .15% or greater.
Driver’s License Suspension
12 – 18 months
With “aggravator”: 12 – 18 months
Driver not eligible to regain driver’s license until completion of ADE classes.
Immediately eligible for issuance of the ignition interlock device.
In the Kentucky Ignition Interlock Program (KIIP), an ignition interlock device is installed into a motor vehicle to prevent the car from starting if intoxicating substances are detected in the driver’s breath.
Look-back Period / Enhancement
Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the date you were charged.
Fines, Fees, and Costs
$350 – $500
Drivers must keep in mind other costs and fees added to their total payment. The total amount due to the Court typically ends up being between $750 and $900.
Refusal
Driver’s license will be suspended at arraignment.
12 – 18 months.
A “refusal” (declining to take the test offered by the police) is an “aggravator” on a DUI Second Offense.
Refusing alcohol testing can also result in the suspension of the offender’s license even after acquittal under Kentucky’s implied consent law.
BONUS: Underage DUI Penalties
Suspended license for 30 days to 6 months
$100 to $500 fine (or 20 hours of community service in lieu of a fine)
If the underage offender’s BAC (alcohol concentration) is 0.08% or higher, they will get the same punishments as someone who is 21 years old or older. If you’ve been arrested for drunk driving at a traffic stop, contact a reputable DUI lawyer in your area.
Exercise Your Rights
There are many ways to attack a drunk driving/DUI charge. Our team of DUI defense lawyers analyzes use various methods to quickly obtain evidence to begin building your legal defense. We recommend every person accused of driving under the influence allow an experienced attorney to look at their case before pleading guilty. The charge is simply too serious to not defend. Because it is a second-offense DUI, you are looking at a substantial amount of jail time. Don’t plead guilty without defending yourself. To speak with a Kentucky DUI defense attorney today about your case, call our law firm office at 859-258-2697. We are ready to help!
