Will you go to jail for a first DUI conviction in Kentucky?

On Behalf of | Oct 29, 2024 | Criminal Defense

If you’re facing a first-time DUI charge in Kentucky, you may be wondering if jail time is a possibility if you plead guilty or are convicted. The short answer is yes. A first DUI offense is a misdemeanor, and the law provides a jail term of up to 30 days, among other legal penalties.

Whether you’ll go to jail depends on the unique aspects of your case. Here is what you need to know.

Aggravating factors can increase your risk of jail time

Certain factors can raise the severity of your offense, making jail time more likely even if it’s your first DUI conviction. These include:

  • A high blood alcohol concentration (BAC) level (0.15% or more)
  • Causing an accident resulting in serious injuries or death
  • Speeding 30 miles or more over the speed limit
  • Refusing a chemical test to ascertain your BAC level
  • Driving with a minor passenger while drunk

The presence of such aggravating factors in your case can result in time behind bars if you are convicted.

Courts may opt for alternative penalties

Kentucky judges have broad discretion when sentencing DUI convictions, allowing them to select a penalty within the legal limits while observing mandatory minimum requirements. For instance, if there are no aggravating factors in your case, the judge will weigh your criminal history and mitigating circumstances to determine a suitable sentence.

As such, the court may spare you jail time by choosing alternative penalties, such as fines, license suspension, community service and mandatory alcohol education programs. That said, each situation is different, and the outcome is never predefined.

Seeking qualified assistance can help guide you through the legal process, understand your rights and protect your interests. This can significantly help achieve the best possible resolution of your case.