Questions and Answers
What does the term 'Statute' refer to?
What is meant by 'Administrative Regulation'?
What is the Division responsible for?
The Division of Behavioral Health certifies programs, assessors, and instructors for DUI services.
Assessor Certification is the process by which the Division of Behavioral Health authorizes individuals to deliver DUI services.
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DUI Services means assessment, education or treatment services delivered to clients convicted of _____ .
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What does the term 'Uniform Citation' mean?
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What does AOC 494 refer to?
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What is meant by 'Assessment' in the context of DUI?
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What does 'Impairment' refer to in DUI context?
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What is 'Blood Alcohol Content' (BAC)?
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What does a BAC of .05 or less indicate?
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A client has 'satisfactorily completed' a DUI program if they have received an assessment, completed the education program, and _____ .
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What is a 'Certified Program'?
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What does 'Program Monitoring' involve?
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A certified assessor must conduct DUI assessments in a certified DUI program.
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What is the purpose of a Treatment Review?
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What are 'Aggravating Circumstances'?
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A Hardship License allows a driver to operate a motor vehicle under certain _____ and limitations.
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Study Notes
Kentucky DUI Laws and Programs
- Statute: KRS189A is the law that establishes Kentucky's DUI program by the state legislature.
- Administrative Regulation: 908 KAR 1:310 outlines the methods for implementing DUI program policies by the Division of Behavioral Health.
- Division of Behavioral Health: The agency responsible for certifying programs, assessors, and instructors for DUI-related services.
Assessment and Certification
- Assessor Certification: The process by which the Division certifies an assessor or instructor to provide DUI services.
- DUI Services: Involves assessment, education, or treatment for individuals convicted of DUI.
- Assessment: A comprehensive evaluation to ascertain the severity of an individual's alcohol and drug problems, incorporating a computerized assessment and clinical interview.
Legal Procedures and Documentation
- Uniform Citation: The legal "ticket" given at arrest, defined in KRS 431.450.
- AOC 494: The form used by courts for referring individuals to certified DUI programs upon conviction.
Impairment and BAC Limits
- Impairment: Refers to the diminished driving skills necessary for safe vehicle operation due to substances.
- Blood Alcohol Content (BAC): A quantifiable measure of alcohol concentration in the blood, with significant legal implications at .08 and .02 (Zero Tolerance for those under 21).
Penalties and Requirements
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Penalties by Offense Number:
- First offense: Fines between $200-$500, jail time (up to 30 days), mandatory education program.
- Second offense: Fines of $350-$500, jail time (up to 6 months), one-year treatment program.
- Third offense: Fines of $500-$1000, jail time (up to 12 months), two-year license suspension, full one-year treatment.
- Fourth and subsequent offenses: Class D Felony, fines up to $10,000, substantial prison time, and mandatory one-year treatment.
- Zero Tolerance prohibits anyone under 21 from driving with a measurable BAC, reinforcing strict enforcement.
Client Rights and Responsibilities
- Client Rights: Include non-discriminatory services, confidentiality, respect, informed consent, and tailored treatment plans.
- Client Responsibilities: Payment for services, punctual attendance, sobriety during visits, and maintaining the confidentiality of others.
Monitoring and Compliance
- Program Monitoring: The Division of Behavioral Health ensures compliance through regular reviews, addressing any complaints, and maintaining program standards.
- Non-compliance Notices: Must be issued to courts when clients do not meet program requirements, promoting accountability.
Treatment Requirements
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Treatment Duration:
- First offenders require a minimum of 2 months, with a review after 45 days.
- Multiple offenders need a full year, with reviews at 180 days.
- Completion Notices: Must be sent promptly to the Transportation Cabinet upon an individual's completion of the required programs.
Miscellaneous
- Memorandum of Understanding (MOU): A formal agreement between programs regarding client referrals outlining mutual responsibilities.
- Hardship License: Limited driving privileges granted after serving minimum suspension terms under specific conditions, such as employment or medical needs.
- Program Certification: Programs must maintain proper licensing and staffing standards, with clear separation of identity if multiple programs operate at one site.
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Description
Test your knowledge on Kentucky's DUI laws, administrative regulations, and certification processes related to DUI services. This quiz covers key statutes, legal procedures, and the roles of the Division of Behavioral Health in managing DUI programs. Enhance your understanding of these important legal and behavioral health frameworks.
