There are laws on the books regarding driving under the influence of alcohol in every single state. However, the laws may differ slightly between states and it is important to understand these nuances.
If you get caught driving under the influence in the state of Kentucky, you may be subject to mandatory jail time. According to the Kentucky government, the law prescribes minimum jail times if the courts convict an individual of driving under the influence with aggravating circumstances.
What are aggravating circumstances?
Generally speaking, an aggravating circumstance is something that increases the severity of a particular criminal act. In the case of DUI, this is a crime on its own. However, there are certain factors that can make the penalties harsher. These factors are formally known as aggravating circumstances.
In Kentucky, there are several aggravating circumstances that may subject you to a minimum mandatory jail time sentence. Suspension of this jail sentence is not possible for any reason.
What are aggravating circumstances in Kentucky DUI?
Aggravating circumstances include driving more than 30 miles an hour over the speed limit, driving the wrong way on a highway, refusing to submit to alcohol testing, being responsible for a crash that results in serious injury or death to another person, having a blood alcohol level that is 0.15 or greater within 2 hours of vehicle operation, or transporting any passengers that are under 12 years of age.
This does not mean that if none of these aggravating circumstances are present that an individual convicted of DUI will not see the inside of a jail cell. Keep in mind that these aggravating circumstances merely guarantee jail time.