Lexington Lawyer says it’s time for a societal change about DUI

LEXINGTON, Ky. (WTVQ) – Hardly a week goes by without hearing about a suspected DUI crash in the news.

Lexington lawyer Bennett Bayer, who serves as ABC 36’s legal counsel, said the state is not as strict as it could.

“Kentucky is not a tough state on people who drive under the influence, it’s just not,” he said.

He said in his experience someone who gets a DUI after one too many at dinner is not the problem, it’s someone who is well over the legal limit that is a danger to the public.

“There’s a big difference between that person and the one who has so much to drink it is even difficult for them to drive their vehicle,” he said. “And those people are the most dangerous.”

Bayer knows more than just the legal side of DUI’s. Four years ago his coworker and friend Mark Hinkel was hit and killed by a drunk driver while riding in the Horsey Hundred bike race.

Following his death, Kentucky law changed to extend its DUI look-back period.

Something Bayer says was a big step. Instead of only looking back at someone’s DUI record for five years, the state would look-back ten. Meaning when a person got a fourth DUI in 10 years it would be a felony.

In the 2019 general assembly, the governor signed a new expansion to DUI penalties. He added ignition interlock devices as an option for first time DUI offenders, before it was only an option for repeat offenders.

Bayer says even with updated laws, to see real change, society needs to step up.

“We have to change the mindset of people that it’s not okay to see if you get home safe,” he said. “Once we get to the point that this no longer the norm then I think you’re going to see the biggest change to DUI in this state.”