Second Dui Offense Penalties

Summary

A second DUI offense in Kentucky can result in 7 days to 6 months of jail time, fines from $350 to $500, and a 12-18 month license suspension. Home incarceration is possible, and credit for time served is typically given. Plea deals require formal acceptance, and judges usually consider them seriously. Videos can be presented as evidence, but their necessity depends on the plea. The look-back period for prior offenses is 10 years, and penalties are harsher for repeat offenders within this timeframe. Home incarceration duration can sometimes be reduced based on behavior. Consult with an attorney for personalized advice.

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My boyfriend got a DUI, Second offense. He plead not guilty at his arraignment in
Hello ****, I understand your situation. In Kentucky, a second DUI offense within a *-year period can lead to:
- Jail time ranging from 7 days to 6 months
- Fines from $* to $*
- License suspension for *-18 months
- Mandatory alcohol or substance abuse treatment program
However, it's essential to consult with a local attorney for more specific advice.
effort to secure an appointed attorney. At his next court date his attorney got him Home incarceration until his next court date which isn't for another * weeks. He plans to plead guilty. Can he move up his court date?
In Kentucky, it's possible to request an earlier court date, but the decision ultimately lies with the judge and the court's schedule. Your boyfriend's attorney can file a motion to request this. It's crucial to consult with his attorney on this matter.
Yes he has an attorney.
That's great, having an attorney can make all the difference. He should discuss his wish to move up the court date with his attorney who is in the best position to guide him through this process.
Also with home incarceration we live in an apartment. We are both on the lease. Do we need to tell our landlord? We would rather be private about the matter. And it didn't say anything about telling anyone in his paperwork
While Kentucky law doesn't specifically require you to inform your landlord about home incarceration, it's best to check your lease agreement for any clauses that may require you to do so. Your boyfriend's attorney can provide more personalized advice.
Also, will he recieve credit for time served already? He spent 12 days in jail and will have a total of 52 days of home incarceration and jail time before his court date
In Kentucky, the court typically gives credit for time served. This includes jail time and often home incarceration as well. Your boyfriend's attorney would be able to confirm this based on the specifics of his case.
And after 12 months he can apply for interlock device for the car?
Yes, in Kentucky, your boyfriend may be eligible to apply for an ignition interlock device after serving 12 months of license suspension. However, this decision is ultimately up to the court and can vary based on the specifics of his case.
It will probably be a plea deal. He will have to sign off on this correct?
Yes, in Kentucky, if your boyfriend agrees to a plea deal, he will need to formally accept the terms, often by signing the agreement. His attorney should explain the terms to ensure he fully understands before signing.
And then what happens?
After the plea deal is signed, it's presented to the judge, who will review it. If the judge accepts, your boyfriend will be sentenced based on the terms of the deal. He'll then need to comply with the sentence, which may include fines, jail time, probation, or other requirements.
Does the judge usually accept?
In Kentucky, judges usually consider plea deals seriously and often accept them, especially when they are reasonable and fair. However, the final decision always rests with the judge who takes into account the specifics of the case. It's important your boyfriend's attorney presents a well-reasoned plea deal.
There is also a video from the evening. Are videos only presented if going to trial?
In Kentucky, evidence such as videos can be presented during both trials and plea negotiations. It's up to your boyfriend's attorney how and when to use this evidence. It's important to discuss this with the attorney.
he doesn't want it to be brought into evidence and just wants to plead guilty.
If your boyfriend pleads guilty, the video might not be necessary. However, it's ultimately up to his attorney and the court to decide what evidence is presented. He should discuss his concerns with his attorney who can guide him on the best course of action.
Can the prosecutor demand to show it? Or is it up to the defense?
In Kentucky, both the prosecutor and the defense have the right to present evidence. If the prosecutor believes the video is relevant, they can request to show it. However, the judge will have the final say regarding its admissibility. Your boyfriend's attorney can help navigate these complexities.
Why wouold they show if he is planning to plead guilty?
The decision to present the video, even if he plans to plead guilty, could be based on several factors. The prosecutor might want to use it to justify a specific sentence or to establish a clear record of the event. It's best to discuss this with the attorney.
Last time there was a video, and they didn't need to view it because he plead guilty
If your boyfriend pleads guilty again, the video may not need to be shown. However, this decision is ultimately up to the judge, prosecutor, and his attorney. It's crucial he communicates his intentions to his attorney for the best possible outcome.
Can they increase his jail time because of his priors outside the ten year window?
In Kentucky, the "look-back" period for considering previous DUI offenses for sentencing purposes is typically ten years. However, it's important for your boyfriend to discuss his specific situation with his attorney, as other factors might influence sentencing.
Why have a look back period then?
The "look-back" period is used in Kentucky to enhance penalties for repeat offenders. It helps in distinguishing between first-time offenders and those with a history of DUI offenses. It ensures repeat offenders within this timeframe face harsher penalties, promoting deterrence and public safety.
But they can't sentence him more than 6 months correct? Whatever the max is in the ten year window?
In Kentucky, for a second DUI offense within a *-year period, the maximum jail time is typically 6 months. However, judges have discretion in sentencing based on the specifics of each case. It's best to consult with the attorney for precise information.
ok thank you
You're welcome, ****! If you have any more questions or need further clarification, feel free to ask. Remember, your boyfriend's attorney is the best source for advice pertaining to his specific case. Best of luck!
Yes we have talked to her. She has said they he would have served above and beyond enough time during his home incarceration before his court date. And that he would have to take classes and lose his license up to 18 months. Do they sometimes cut the home incarceration short? She was saying they sometimes do that as well
In Kentucky, the duration of home incarceration can sometimes be reduced based on factors like good behavior or changes in circumstance. However, this is decided by the judge or probation officer overseeing the case. Your boyfriend's attorney can provide more personalized advice.