DUI Fourth Offense Penalties
This post focuses on the penalties for “Fourth Offense” DUI charges – meaning a person’s fourth charge within a ten (10) year period. A fourth offense DUI charge is charged as a Class D Felony. 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 second charge, please see my post on DUI Second Offense Penalties here.
If this is your third charge, please see my post on DUI Third Offense Penalties here.
Aggravating circumstances consists of:
- Traveling more than 30 miles per hour over speed limit.
- Traveling the wrong way on limited access highway.
- An impaired driver causes accident resulting in death or serious physical injury.
- If the driver has an alcohol concentration level of .15 or more within 2 hours after operating the motor vehicle.
- If the driver refuses to submit to testing If the driver is transporting passengers under 12 years of age.
Jail Time
1 – 5 years (must serve 120 days)
With “aggravator”: minimum 240 days to serve
License Suspension
Driver’s license will be suspended at arraignment. Also, an ignition interlock license will restrict the individual to operating only a motor vehicle or motorcycle equipped with a functioning ignition interlock device.
60 months
With “aggravator” : 60 months
Driver not eligible to regain driver’s license until completion of ADE classes.
Look-back Period / Enhancement
Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the conviction.
Fines, Fees, and Costs
$1,000 – $10,000
Drivers must keep in mind other costs and fees added to their total payment for a DUI Offense. The total amount due will be approximately $400 – $600 higher than the fine itself.
Refusal
Driver’s license will be suspended at arraignment.
30 – 120 day license suspension.
With aggravating circumstances, it is important to note that a “refusal” (declining to take the test offered by the police) is an “aggravator” of a DUI Fourth Offense.
Exercise Your Rights
Keep in mind that the prosecution must prove your guilt beyond a reasonable doubt for a DUI charge. A DUI Fourth Offense charge is a Class D felony, making it the most serious DUI charge in Kentucky. It is always a good idea to have an experienced attorney review your case to advise you about your best options moving forward. To speak with a DUI defense attorney today about your case, call our office at 859-258-2697. We are ready to help!
