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Controversial DUI Laws in Kentucky

The installation interlock device which is sometimes ordered by the courts to be installed on vehicles of DUI motorists has been a controversial topic for many. Some think the law is a good way to deter repeat offenders from taking the wheel while intoxicated and a way for people to still maintain their daily lives, while others think the device is not appropriate and the ideal solution to solving DUI cases. Some argue that what the law does is simply offer DUI offenders more driving freedoms and offenders are actually benefiting from a crime that they should be severely punished for.

  
 

More articles on DUI Laws in Kentuckyt

 
  

Law Permits DUI Offenders to Continue Driving

A 2009 law in Washington State permits motorists to use an ignition interlock device instead of a license suspension. The law is now under criticism from anti-DUI advocates in the state of Kentucky. The 2009 law created a special license that lets offenders drive anywhere as long as they use a device that tests the level of alcohol in their system.

DUI Offenders can still Drive, Thanks to New Law

A recent report in The News Tribune by Melissa Santos criticizes the fact the law permits drivers who supposedly surrendered the privilege to drive to get back on the road with this device. Here is some more of what Marissa Santos has to say about the device.

“It’s no mistake if you think you’ve seen state schools chief Randy Dorn driving through Olympia since he pleaded guilty last month to driving under the influence.

Like other drivers who are convicted of a DUI, the first-term superintendent of public instruction received an automatic 90-day driver’s license suspension. But that doesn’t mean he can’t drive.

State law provides plenty of ways that DUI offenders can drive legally after being slapped with a license suspension.

Drivers cited for DUI offenses keep their regular driving privileges for 60 days after the date of their arrest, said Brad Benfield, spokesman for the state Department of Licensing.

During that 60-day period, drivers can apply for a hearing to contest their citation, or plead guilty to the DUI charge like Dorn did.

“It allows them to pursue due process,” Benfield said.

The 90-day license suspension begins only after the 60-day period has elapsed, Benfield said.

At that time, DUI offenders’ regular driving privileges are suspended – but that doesn’t mean no driving at all.

Alcohol Detection Device Prevents Car from Starting

Drivers can use a special license to operate their personal vehicle as long as it has an ignition interlock device in it, Benfield said. The device prevents the vehicle from starting if it detects alcohol on a driver’s breath. Using the interlock ignition device license for 90 days counts as a 90-day license suspension, Benfield said.

Restriction to Driving

Prior to the 2009 law, DUI offenders could apply only for an occupational/restricted license in place of their 90-day suspension. That license, which is still an option today, allows offenders to drive to and from work, school, doctor’s appointments and alcohol treatment classes, but nowhere else, Benfield said.

The device to test the level of alcohol before the vehicle is allowed to start is causing controversy not only in Kentucky but other states as well. We would really like to hear what you opinions are about the device. Please feel free to leave your comments below. Thanks!