 A lot of people have the belief that you got a DUI and that follows you around forever. Under the law, which is KRS 189A.010, what you look at is the number of offenses within a 10-year period. Now it goes from the date of offense, not the date of conviction. It's been more than 10 years since he's had a DUI, therefore he's only charged with a first offense. It would be nice if there was some exception in the statute, say for example someone had a homicide or a death during a DUI, that that would be a permanent DUI on their record and they would always be a second or grader or even a permanent license suspension. But unfortunately that's not what the law is right now and we can only follow the law the way it is written right now. I understand that someone that has inflicted this great tragedy in the past has paid his debt to society. He's been released from prison but there's still a lot of hard feelings from people in this community about what was lost that day.