Aggravating Circumstances

In Kentucky, if you are convicted of a DUI with an Aggravating Circumstance jail time is mandatory.


1.  Operating a motor vehicle in excess of 30 miles per hour over the speed limit.

2. Operating a motor vehicle in the wrong direction on a limited access highway.

3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury.

4. Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is .15 or above as measured by a test of a sample of the driver’s breath or blood.  This sample must be taken within two (2) hours of operating the vehicle.

5. Refusing to submit to any test of ones breath, blood or urine when it is requested by an officer who has reasonable grounds to believe that the person was operating or in physical control of a motor vehicle while impaired. First time DUI offenders are exempt from this Aggravator.

6. Operating a motor vehicle with a passenger under the age of 12 years old.


Under KY law, if an aggravating circumstance is present the minimum mandatory jail sentence is doubled. The jail time cannot be probated or conditionally discharged. If you are convicted of a DUI with an aggravating circumstances, you MUST serve at least the mandatory minimum amount of jail time.  Aggravating circumstances only increase the amount of jail time that you have to serve for a DUI. They do not increase license suspension, fines or fees.

DUI 1st Offense: 4 days incarceration

DUI 2nd Offense: 14 days incarceration

DUI 3rd Offense: 60 days incarceration

DUI 4th Offense: 240 days incarceration

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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