Barker v. Commonwealth

OPINION

BUCKINGHAM, Judge.

As the result of an arrest for operating a motor vehicle under the influence of alcohol (DUI), Steven Barker was convicted in the Clark County Circuit Court of DUI, *516third offense (DUI III), which, by virtue of his blood alcohol level exceeding 0.18, is a Class D felony. KRS1 189A.010(4)(e). Barker argues that the operative statute is unconstitutionally vague and hence must be rendered void and that his conviction therefore must be vacated. Having reviewed and analyzed the applicable law, we affirm.

On October 18, 1998, Barker was arrested for suspected DUI and…