Legal Question in DUI Law in Kentucky

dui arrest

last night was arrested for dui ist offense...the citation says this very plainly...however, it should have been dui 2nd...i thought they would catch on this morning but the pre-trial and the judge both missed it...is it possible that since they made the mistake that my charge will stay dui first offense


Asked on 4/05/09, 9:55 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: dui arrest

It is possible that they will miss it, but more likely that they will pick it up when you come back to court for your pretrial conference. It is usually at that point that the prosecutor reviews your criminal/traffic record.

Of course, if your first offense is more than five years ago, it no longer counts.

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Answered on 4/05/09, 10:21 pm


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