DUI 2nd


If you receive a second DUI within a five (5) years of being found guilty of a DUI 1st Offense, you will be charged with a DUI 2nd Offense.  If convicted of a second DUI within five (5) years the court must impose both fines and jail time.


If found guilty of DUI 2nd the Court will impose a fine of between $350 – $500.  You will also be assessed a mandatory DUI Service Fee of $350. The Court may assess court cost and other fees.  The Court almost always assesses court costs.


If found guilty of DUI 2nd the Court will impose a jail sentence of between seven (7) days and six (6) months.  At least 48 hours of that sentence must be served consecutively.  You may petition the Court to allow you to serve the rest of your sentence on weekends after you serve your first 48 hours.  If an aggravating circumstance is present the minimum jail sentence will be increased to fourteen (14) days.


In addition to the fine and jail time you may be sentenced to community labor for a period of ten (10) days to six (6) months.


If convicted of  a DUI 2nd your license will be suspended between 12 and 18 months. After one year of license suspension you may petition the Court for permission to install an ignition interlock device in your motor vehicle. You cannot get an ignition interlock device if you have been convicted of Driving on a Suspended License or  convicted of another DUI while your license was revoked.


If convicted of DUI 2nd Offense you must be assessed for alcohol/drug treatment and then subsequently attend an alcohol/drug treatment program for twelve (12) months.  The treatment program must be approved by the District Court.  The District Court Clerk has a list of approved treatment programs.  You are responsible for the costs associated with the assessment and treatment program.  If you must attend an out-of-state treatment program you must make sure the program is approved by the Cabinet for Human Resources. Your license cannot be reinstated until the treatment program is completed, even if your suspension period has expired.

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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