If you’re an Ohio resident arrested for DUI in Kentucky, your case will have added complexity and inconvenience. You will need to fight on two fronts: the administrative suspension of your license in Ohio, and your criminal DUI case in Kentucky.
This means working with an Ohio DUI lawyer, and possibly another Kentucky attorney, unless you retain an attorney who is licensed in both states.
At LHA, attorney Brad Groene is experienced in handling interstate DUI cases and is fully capable of representing you in either jurisdiction. With a history of success helping people in situations like yours and a well-earned reputation in the local courts, Brad can help you too.
If you or a loved one are charged with a DUI in Cincinnati or in nearby Kentucky, contact attorney Brad Groene with Luftman, Heck & Associates at (513) 338-1890.
We’re available 24/7 and offer free consultations. Let us explain what you’re dealing with and help get you home.
What Happens to an Ohio Driver Who Gets a Kentucky DUI
It Matters A Lot Where You Got Arrested for Drunk Driving
Regardless of your status as an Ohio resident, if you are arrested for DUI in Kentucky, Kentucky law applies. If the local prosecutor’s office has evidence that you operated under the influence within their jurisdiction, they will charge you with DUI.
You can appoint an attorney to appear on your behalf in court, but in some cases you may be required to attend hearings, adding to the costs of defending your case.
KY DUI Charges
Under Kentucky law, you may be convicted of DUI if you tested .08 or higher within two hours of operating a vehicle, or if there is strong evidence that you were under the influence of drugs or alcohol while behind the wheel. In Kentucky, the legal BAC limit for drivers under 21 years of age is 0.02.
If you have had an out-of-state DUI conviction within the last five years or a Kentucky DUI within the last 10, the Kentucky authorities will take those charges into account during sentencing.
KY DUI Penalties for Ohio Drivers
The criminal penalties for a DUI in Kentucky within a ten-year period include:
- First Offense- Two to 30 days in jail, $200 to $500 in fines, 90 days of substance abuse treatment, a 30 to 120 day license suspension, and 48 hours to 30 days of community service
- Second Offense- Seven to 180 days in jail, $350 to $500 in fines, one year of substance abuse treatment, a 12 to 18-month license suspension, and 10 to 180 days of community service
- Third Offense- Thirty days to one year in jail, $500 to $1,000 in fines, one year of substance abuse treatment, a 24 to 36-month license suspension, and 10 days to a year of community service
You generally need to serve your jail sentence and community service time in the jurisdiction where you were convicted. You may, however, request permission from the Kentucky court to perform your community service in Ohio.
Losing Your License Because of an Out-of-State DUI
Kentucky judges and police do not have the authority to confiscate out-of-state licenses. Therefore, you will initially retain your Ohio driver’s license if you get arrested for DUI in Kentucky.
However, this doesn’t mean you won’t face any consequences. To start, your driving privileges in Kentucky will be revoked for the same amount of time as if you were a Kentucky resident. Secondly, your Ohio driver’s license will most likely get suspended or revoked by the Ohio authorities.
The Kentucky Department of Transportation will notify the Ohio Bureau of Motor Vehicles (BMW) if you fail or refuse a BAC test after getting arrested for DUI. The BMV will also receive notice if you get convicted of DUI in Kentucky.
According to Ohio Revised Code 4510.17, out-of-state DUIs are subject to Class D suspension, which involves a six-month suspension period. Your suspension period begins 21 days after the BMV receives notice of your DUI arrest.
During this time, you may file an appeal with the BMV to challenge the basis for your suspension.
Out-of-State DUI: Next Steps
Your out-of-state DUI will not go away on its own. If you get released on bail in Kentucky and not show up for your court hearings, you will forfeit your bail and the court will issue a warrant for your arrest.
The Ohio police – or any other state’s law enforcement – may enforce the arrest warrant against you.
Work with an Ohio DUI Lawyer at LHA
It’s is best to file an appeal of your administrative license suspension to keep your driving privileges. A Cincinnati DUI defense lawyer can help you here. You will need an attorney who is licensed to practice in Kentucky to fight the DUI charges against you there.
At Luftman, Heck & Associates, we fight to help our clients get their Ohio driving privileges back. Contact us today at (513) 338-1890 for a free consultation.