A proposed bill would create a lifetime enhancement for DUIs in Kentucky.


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A Bill is currently being considered by the Kentucky Legislature which would change the look back period for DUIs in Kentucky to the lifetime of the defendant when deciding whether it is a first or second offense. In Kentucky, a DUI is known as an "enhanceable" crime, which means that each time you commit the crime your penalties get worse. As an example, a 4th DUI in Kentucky is a Felony, which means that a defendant could receive 1-5 years in jail, compared to a 1st DUI, which has a maximum of 30 days in jail. For years the law had been that the Court could only use DUIs within a 5 year period to enhance a conviction. So, if you committed a DUI every 5 years, each would be considered a first offense. This law was changed this summer and the time period was changed to 10 years. With the current proposed bill, any prior DUI during your lifetime would prevent you from being charged with a DUI 1st offense again. Thus, if you got a DUI when you are 20 and then picked up another DUI when you are 80, that last DUI would be charged as a 2nd DUI, whereas under the current 10-year law it would be charged as a DUI 1st offense. It is important to remember that this law has not been passed yet and there a few amendments being considered, so the end result may be different than what is currently being proposed. Should the DUI look back period for a 1st offense be for life or should it be for a shorter time period?

 

http://www.lrc.ky.gov/record/17RS/HB261.htm

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