DUI Blood Alcohol Levels in KY

In Kentucky, it is illegal to drive while your blood alcohol level is above the statutory minimum.

In order to be statutorily guilty of a DUI in Ky, your blood alcohol level as an adult must be .08 or above.  Your blood alcohol level as a minor must be .02 or above to be statutorily guilty of driving under the influence of alcohol. This is due to Ky’s “no tolerance rule” when it comes to underage drinking.  You are underage if you are under the age of 21, which is the legal drinking age in Ky.

You can also be charged an convicted of a DUI even if your blood alcohol level is under the statutory minimum if other factors suggest that you are operating a motor vehicle while under the influence of alcohol. For instance, if you blow a .05 and are an adult, you can still be charged with a DUI if you fail your field sobriety test.  Passing the breathalyzer or blood screen does not automatically give you a free pass.

Even if you do not meet the statutory blood alcohol level to be automatically guilty of a DUI, you can still be charged and convicted of a DUI if other evidence, such as your field sobriety test, suggests that you were driving a motor vehicle while impaired.

You can be convicted of a DUI even if you do not give a breath, blood or urine sample as other evidence, such as your field sobriety test, may be used against you in a DUI case.

If you are charged with a DUI in Fayette (Lexington), Clark (Winchester), Madison (Richmond), Woodford (Versailles) or Jessamine (Nicholasville) or any other county surrounding Lexington, please feel free to give us a call!

 

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