Ballinger v. Commonwealth

OPINION OF THE COURT BY

JUSTICE ABRAMSON

Kentucky Revised Statute (KRS) 189A.010, the Driving Under the Influence (DUI) statute, outlaws the operation or physical control of a motor vehicle under a number of circumstances the General Assembly has determined pose a substantial risk of impaired driving.1 Any person who violates those proscriptions is subject, for a first offense, to a fine between $200 and $500, to incarceration in the county jail for anywhere from two to thirty days, or in lieu of fíne or incarceration to two to thirty-days service in a community labor program. KRS…