Should DUIs for individuals under age 21 with a BAC of .10 go to an Early Intervention Program?
No. An individual who is under 21 with a .10 BAC convicted of driving under the influence must receive an assessment and complete the required education or treatment in a certified DUI program. KRS 189A.010(7) states: “If the person is under the age of twenty-one (21) and there was an alcohol concentration of 0.08 or greater based on the definition of alcohol concentration in KRS 189A.005, the person shall be subject to the penalties established pursuant to subsection (5) of this section.” Subsection 5 contains the penalties for a person convicted of operating a motor vehicle while under the influence of alcohol or any other substance which impairs one’s driving ability. How do we treat a 19-year-old with a first-offense DUI with a BAC of .12 and a first-offense DUI with a BAC of .06? Answer: The first thing you must do is to confirm with the court if the client is convicted of Driving Under the Influence (DUI) or Zero Tolerance (ZT). It is important to remember that a nineteen-year-ol
