Driving under the influence is never a risk worth taking. If an impaired driver causes a crash that injures or kills someone, the potential consequences increase exponentially.
Now more states – including Kentucky – are taking steps to add even more penalties for those whose victims include the parent or legal guardian of a child. Last year, Kentucky enacted a law that allows judges to order anyone convicted of DUI homicide where the person killed leaves behind a minor child or whose actions permanently disable a parent or guardian to pay restitution in the form of child support until the child becomes a legal adult.
How do courts determine the amount of restitution?
Judges may consider a number of factors in ordering restitution. These include:
- The income and assets of those caring for the child
- The child’s prior standard of living
- The child’s physical, educational and emotional needs
- The financial resources of the convicted impaired driver
If a driver ends up behind bars for years, they typically can’t be expected to begin paying this restitution immediately unless they have considerable resources. The law gives them up to a year after their release to begin making payments. They have to pay the full amount of restitution ordered, even if the child is no longer a minor.
If you’re a survivor of a victim of a drunk driving collision, it’s critical to get legal guidance as soon as possible to protect your rights and work toward the best possible outcome.
