How Illegal Per Se in Kentucky Can Affect Your DUI Charge
Nov. 30, 2015
It is no secret that Kentucky takes driving while intoxicated offenses seriously. Conviction of a DUI charge can cost you money in fines, put you in jail and result in a license suspension. Penalties are even harsher for repeat offenders who may also be forced to give up the license plates on the vehicles they own and be restricted to only driving vehicles equipped with an ignition interlock device that prevents a car from starting if alcohol is detected on the breath of the driver.
The state has even gone so far as to make it easier for prosecutors to prove that you are guilty of operating under the influence. The principle of illegal per se is now incorporated in the DUI law in Bowling Green and throughout the state. If your blood alcohol content level is .08 percent or greater, you are considered to be impaired and unfit to drive a motor vehicle.
Illegal per se means that prosecutors do not have to offer evidence other than the BAC level results to prove the DUI charge against you. The law does require that the breath test or blood test to measure your BAC level must have been administered without two hours from the time the police pulled you over.
The BAC level for illegal per se is not the same for everyone. Commercial truck drivers are considered to be driving while intoxicated when their BAC level is .04 percent or higher. Underage drunk driving may be charged when the BAC level of a driver under 21 years of age is .02 percent or higher.
A drunk driving charge should not be taken lightly. Depending upon the facts and circumstances surrounding a particular charge, there might be defenses available. A criminal defense attorney should be consulted for legal advice if you are facing DUI charges.
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