An out-of-state OVI makes the criminal defense process much more complicated, especially if your attorney is unable to practice law in two different jurisdictions. Our Cincinnati DUI lawyers can assist with both portions of your case, building a strong defense to get the charges against you reduced or dismissed.
Penalties for Cincinnati Drivers Arrested for DUI in Kentucky
If you are arrested for DUI in Kentucky but you live in Ohio, it is vital that you understand the potential consequences of the charge. An out-of-state DUI can affect many different aspects of your case, including:
- Where you are prosecuted. Regardless of where you live, Kentucky jurisdiction applies if you are in Kentucky when you are arrested. You can go back home after you are released on bail, but you must return to Kentucky for your court hearings. If you don’t, the court will issue a warrant for your arrest and police officers in Ohio, Kentucky, or any other state can bring you in.
- Which state laws apply. In Kentucky, you may be convicted of DUI if your BAC registered as .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 driving. If you are under 21, the legal BAC limit is 0.02.
- The penalties you face. For a first-time DUI, you could be facing up to 30 days in jail, $500 in fines, 90 days of substance abuse treatment, and 30 days of community service. However, if you have had a previous DUI conviction in another state within the last five years, the Kentucky authorities may pursue more severe sentencing.
- License suspension. While Kentucky judges and police do not have the authority to confiscate out-of-state drivers’ licenses, they do have the ability to revoke your Kentucky driving privileges. If you are convicted of DUI in Kentucky, the Kentucky Department of Transportation will notify the Ohio Bureau of Motor Vehicles (BMV) and your Ohio driver’s license could be suspended for up to six months.Further, if you are arrested for suspicion of DUI in Kentucky the Transportation Cabinet MAY notify the Ohio BMV and the Ohio BMV AMY suspend your Ohio driver's license while the Kentucky case is pending.
Are you or someone you know facing DUI / OVI charges?
If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.