The question is whether or not an underage DUI conviction will enhance a subsequent Kentucky DUI offense, making it a second offense. The answer depends on what we mean by “underage DUI”.
There are two possibilities for an underage person – and by that I mean a person under 21 – to be charged with a Kentucky DUI. First, if an underage person is either impaired or tests over .08 by breath, or is over the limit by blood or urine, there is no distinction or break for being under 21 and they can be charged with a regular DUI. The DUI charge, if there is a conviction, has the same consequence as if the person were over 21.
However, if an underage person takes a breath test and it is above a .02, but they are not impaired, they may be charged with what is sometimes referred to as a “baby DUI”. The “baby DUI” is authorized by KRS 189A.010(1)(e).
Interstingly, there is no upper limit on the breath test level under (1)(e). It would be theoretically possible for an underage person to be convicted of a “baby DUI” with a breath test of .08 or above – although I would see this as unlikely since the prosecutor would most likely have charged a regular DUI, not a baby DUI.
If that were to happen though, the statute provides that the underage person who tests above a .08 is subject to the same penalties as a regular DUI. But, if the person is convicted of the underage DUI in section 189A.010(1)(e), it does not enhance a subsequent offense.
If you have been charged with a DUI in Kentucky, call Mike Zimmerman or me, Joe Suhre, for a free consultation. We can be reached at 513-333-0014.
