DUI as a Felony Offense
             An offender who is facing a fourth or subsequent DUI conviction within a five (5) year period will be charged as a “felony offender.” A fourth or subsequent DUI is considered a Class D Felony and has the following penalties:

• Prison: one (1) to five (5) years
  (Note: To allow the judge the discretion of considering probation, a minimum term of imprisonment shall be 120 days, and this term shall not be suspended, probated, or subject to conditional discharge or any other form of early release. If aggravating circumstance(s) are present: 240 days mandatory minimum imprisonment which shall not be suspended, probated, conditionally discharged, or subject to early release).
• License suspension: 60 months
• Assessment and Treatment: One (1) year. The program may be inpatient or residential.
  
  Note that aggravating circumstances include:
                  -Driving 30 mph over the speed limit
                  -Carrying passengers under the age of 12
                  -Driving in the wrong direction
                  -Causing an accident resulting in serious physical injury or death
                  -Refusing to submit to testing
                  -Having a BAC of .18% or higher two hours after operating the vehicle
  
  

When DUI Results in Injury or Death
            Under Kentucky law, an offender who either kills or injures another person or persons while driving under the influence will be charged with either a misdemeanor or a felony or possibly both. The following are possible charges that may be placed against the accused, starting with the less serious offense and progressing to the most serious offense:

• Wanton Endangerment in the Second Degree (KRS 508.070): Class A Misdemeanor, penalty range no more than twelve (12) months.
• Assault in the Fourth Degree (KRS 508.030): Class A Misdemeanor, penalty range no more than twelve (12) months.
• Wanton Endangerment in the First Degree (KRS 508.060): Class D Felony, penalty range one (1) to five (5) years.
• Reckless Homicide (KRS 507.050): Class D Felony, penalty range one (1) to five (5) years.
• Assault in the Second Degree (KRS 508.020): Class C Felony, penalty range five (5) to ten (10) years.
• Manslaughter in the Second Degree (KRS 507.040): Class C Felony, penalty range five (5) to ten (10) years.
• Assault in the First Degree (KRS 508.010): Class B Felony, penalty range ten (10) to twenty (20) years.
• Murder (KRS 507.050): Class A Felony, penalty range twenty (20) to fifty (50) years.
  
  

The Criminal Justice Process in Kentucky
            If the charges placed against the offender include felony charges, the offender faces possible Grand Jury indictment, and the case will be handled at the Circuit Court level by the Commonwealth’s Attorney.              

• Grand Jury- determines if enough evidence exists to indict the offender.
• Arraignment- defendant appears before Circuit Judge to be officially notified of charges being brought against him/her.
• Trial- if the defendant does not accept a “plea negotiation” during the pre-trial proceedings, then the case will be tried by a jury in Circuit Court.
• Sentencing- If the defendant is found guilty by a jury or if the defendant enters a guilty plea and accepts a “plea negotiation” then the judge sets a final sentencing hearing. At the final sentencing hearing the victim(s) have the right to provide a Victim Impact Statement.