First Offense DUI in Louisville

Kentucky Penalty Law & Jefferson County Diversion, Explained

A first-offense DUI charge in Louisville doesn’t have to define the rest of your life, but the decisions you make in the next few weeks can matter enormously. The Simon Law Office was founded in 1985 by attorney Larry Simon, who has spent over four decades defending individuals in Louisville and throughout Kentucky, from straightforward misdemeanors to complex federal cases. Our mission is to help you understand exactly where you stand under Kentucky law before you take any step in court.

If you’ve been charged with a first-offense DUI in Louisville, call us today at (502) 822-2074 to schedule your free consultation with attorney Larry Simon.

What a First-Offense DUI Costs You Under KRS 189A.010

Under KRS 189A.010, a first-offense DUI within a 10-year lookback period is prosecuted as a misdemeanor. That classification doesn’t make it trivial. A conviction can carry a statutory fine of $200 to $500, plus court costs and a service fee, along with 48 hours to 30 days in jail. For a non-aggravated first offense, courts may permit 48 hours to 30 days of community labor in place of jail time. Your driver’s license can face a suspension of 30 to 120 days, and a 90-day alcohol or substance abuse treatment program is mandatory upon conviction.

Six statutory aggravating circumstances can make a first offense significantly more serious:

• A blood alcohol concentration (BAC) of 0.15% or higher
• Refusing chemical testing under Kentucky’s implied consent law
• Causing an accident resulting in death or serious injury
• Driving 30 mph or more over the posted speed limit
• Driving the wrong way on a limited-access highway
• Transporting a passenger under age 12

When any aggravating circumstance applies, the mandatory minimum jail time doubles to four days that must be served, and the community labor alternative is no longer available. Understanding which factors are present in your case is the first thing we look at when evaluating your options.

The Jefferson County DUI Diversion Program

For eligible first-time offenders, the Jefferson County Attorney’s Office DUI First Offenders Diversion Program may offer a path that avoids a permanent conviction. The Jefferson County Attorney’s Office prosecutes more than 3,500 DUI cases each year, and many of those defendants have no prior criminal record. Diversion exists for that situation, but eligibility isn’t automatic.

Eligibility Requirements

To qualify, you must meet all of these conditions:

• At least 16 years old at the time of the offense
• No prior criminal record and no prior diversion
• A BAC under 0.150%
• No statutory aggravating circumstances

Program Requirements & Deadlines

You must enter the program within 45 days of arraignment unless you receive prior approval from the program director. Requirements include an alcohol and drug evaluation, completion of an alcohol education program, community service, either a 30-day license surrender or installation of an ignition interlock device, and a $300 program fee due within 30 days of entry.

What Completion & Failure Each Mean

After three months of compliance, the case is continued for nine more months while you complete the remaining requirements. If the program is completed successfully, the guilty plea is set aside, the charge is dismissed, and you may seek expungement after two years. If a participant fails the program or is charged with a new DUI, the agreement terminates. At that point, the original charge proceeds to sentencing, which can include a $500 fine, a $425 service fee, court costs, a 180-day license suspension, and 30 days in jail. These are general guidelines under the program’s published terms, not a prediction of what any individual case will produce. Whether you qualify and how to present your case most effectively are exactly the questions we work through with you.

Larry Simon’s Record in Louisville Criminal Defense

In 2012, the Kentucky Association of Criminal Defense Lawyers honored Larry Simon with the Frank E. Haddad, Jr. Award, given for exceptional professional achievement with a sustained impact on protecting the constitutional rights of the criminally accused. That recognition reflects what clients experience directly: a lawyer who treats their case as a serious constitutional matter, not a routine plea. The Simon Law Office is also accredited by the Better Business Bureau, reflecting our commitment to honest, transparent representation.

Louisville DUI cases move through Jefferson District Court, and outcomes often turn on familiarity with the prosecutors and judges who handle them. Larry Simon has spent decades working in these courtrooms, and that local knowledge is part of what we bring to your defense.

Schedule a Free Consultation on Your Louisville DUI Charge

The diversion program’s 45-day enrollment window from arraignment doesn’t wait. Understanding your eligibility, the strength of the evidence against you, and your realistic options under Kentucky law requires an honest conversation with an attorney who knows this area of law. We offer free initial consultations so you can have that conversation without any financial commitment upfront.

The Simon Law Office has built its practice on the principle that clients who understand their situation make better decisions. We can explain the law as it applies to your case, not just in general terms, so you can move forward with confidence.

Call (502) 822-2074 to schedule your free consultation with attorney Larry Simon today.