Kentucky DUI law under KRS 189A.010 identifies specific “aggravating circumstances” that significantly increase the penalties upon conviction. Understanding these aggravators is essential to defending a DUI case effectively. Clark + Harris represents clients facing aggravated DUI charges throughout Kentucky, including Lexington, Louisville, and every county courthouse in between.
The Six Aggravating Circumstances
KRS 189A.010(11) identifies six aggravating circumstances. The presence of even one of these aggravators doubles the mandatory minimum jail sentence for the offense level. Multiple aggravators can compound the impact on sentencing.
1. Operating a Motor Vehicle at 30 MPH or More Over the Speed Limit
If the defendant was driving 30 mph or more above the posted speed limit at the time of the DUI, this aggravator applies. Officers establish this through radar, lidar, or pursuit-speed estimates. We challenge speed measurements through calibration records, officer training records, and where possible, expert testimony.
2. Operating a Motor Vehicle the Wrong Way on a Limited Access Highway
Driving the wrong way on an interstate or controlled-access highway is an aggravator. This often involves I-64, I-75, I-65, or I-71 in Kentucky’s major corridors. Dashcam footage and eyewitness accounts establish direction of travel.
3. Causing Accident Resulting in Death or Serious Physical Injury
If the DUI caused an accident resulting in death or serious physical injury, this aggravator applies. “Serious physical injury” is defined under KRS 500.080(15). The Commonwealth must prove the causal connection between the DUI and the injury.
4. BAC of 0.15 or Greater Within Two Hours of Operating a Motor Vehicle
A BAC of 0.15 or higher is a high-BAC aggravator. The Commonwealth must prove the result was obtained within two hours of driving. We challenge high-BAC aggravators through observation period issues, instrument calibration, rising BAC analysis, and the reliability of the test itself.
5. Refusal to Submit to Chemical Testing
Refusal to submit to a breath, blood, or urine test under Kentucky’s implied consent law is both an administrative violation and an aggravating circumstance. The consequences are severe: license suspension, admissibility of the refusal at trial, and doubling of the minimum jail sentence. We challenge refusal aggravators when the officer failed to give proper implied consent warnings, when the request was ambiguous, or when the defendant was not in a physical or mental condition to understand.
6. Presence of Passenger Under Age 12
If a child under 12 was in the vehicle at the time of the DUI, this aggravator applies. This is one of the most common aggravators and carries both criminal sentencing consequences and potential Cabinet for Health and Family Services referral.
Consequences of Aggravated DUI
First offense DUI with aggravator: minimum 4 days in jail (up to 30 days)
Second offense DUI with aggravator (within 10 years): minimum 14 days in jail (up to 12 months)
Third offense DUI with aggravator (within 10 years): minimum 60 days in jail (up to 12 months)
Fourth or subsequent DUI (within 10 years): Class D felony; minimum 240 days in prison
Defending Aggravated DUI Cases
At Clark + Harris, we attack aggravated DUI cases on multiple fronts. We challenge the underlying DUI charge, and we also challenge the aggravator itself. Even if the underlying DUI is proven, excluding the aggravator can cut the mandatory minimum sentence in half.
Challenging BAC Aggravators
High-BAC aggravators depend on the reliability of the breath or blood test. We review observation periods, instrument calibration, and laboratory analysis. Rising BAC defense can also be effective when the driver consumed alcohol shortly before driving.
Challenging Refusal Aggravators
Refusal requires a clear, unequivocal refusal to take a lawful chemical test after proper implied consent warnings. Ambiguous responses, inability to comply due to medical conditions, or officer failure to properly request and warn can all undermine the refusal aggravator.
Challenging Child Passenger Aggravators
The Commonwealth must prove the child was in the vehicle at the time of the DUI. Video and witness testimony establish this, but we review each detail.
Call Clark + Harris
If you have been charged with an aggravated DUI in Kentucky, call Clark + Harris at 859-474-0001. Our attorneys understand every aggravator under KRS 189A.010(11) and know how to challenge them effectively in courts across Kentucky, from Lexington to Louisville and beyond.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Kentucky DUI Checkpoints: Are They Legal?
- DUI with a Minor in the Vehicle: Kentucky’s Enhanced Penalties
- DUI Defense in Harrison County, KY | Clark + Harris, PLLC
- DUI and Deportation: Will a Kentucky DUI Affect My Green Card?
- Multiple DUIs and Your Naturalization: How Drunk Driving Affects the N-400