Kentucky DUI Laws
Facing a Kentucky DUI charge can be frightening. A criminal record may impact your employment and insurance, and hurt you financially for years to come. Fortunately, you have rights that protect you and may help your case. If you or someone you know has been charged with DUI, contact a Kentucky DUI attorney to learn more.
In Kentucky it is "Illegal Per Se" to drive with a breath or blood alcohol content (BAC) of .08 or higher (.04 for a commercial driver and .02 if under 21). If you are convicted, penalties may include fines, driver's license suspension, community service and participation in a substance abuse program. Minimum jail time is increased in the presence of aggravating factors, including:
- 30 mph over speed limit
- Wrong way on limited-access highway
- Accident resulting in death or serious physical injury
- Alcohol level of .18 or more
- Refusal to submit to testing
- Transporting passengers under 12 years of age
Even if your BAC was under the legal limit or you refused a BAC test (which is a separate offense in and of itself), you can still be prosecuted based on witness testimony and other evidence of impaired driving. With so much at stake, it is vital to have a knowledgeable and skilled attorney fighting for you.
DUI attorneys know how to find police mistakes, laboratory errors and other evidence that can help your case. Whether this is your first DUI arrest or you have had prior convictions, you will want an experienced DUI attorney to advocate for you to ensure you have the best possible outcome.
Kentucky DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Kentucky BAC laws may differ from those of other states, as follows.
| Kentucky BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 30 to 120 days (may have conditional license) |
| Prison Term and Community Service | 2 to 30 days in jail; potential 48 hours to 30 days community service |
| Fines, Fees, and Surcharges | Approx. $200 to $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | 90 days of alcohol education |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 12 to 18 months (may have conditional license) |
| Prison Term and Community Service | 7 days to 6 months in jail; potential 10 days to 6 months community service |
| Fines, Fees, and Surcharges | Approx. $350 to $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | 1 year of alcohol education |
| Third DUI/DWI Offense (within 5 years of 2nd offense) | |
| License Suspension | 24 to 36 months (may have conditional license) |
| Prison Term and Community Service | 30 days to 1 year in jail; potential 10 days to 1 year community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | 1 year of alcohol education |
| Fourth DUI/DWI Offense (within 5 years of 3rd offense) | |
| License Suspension | 5 years (may have conditional license) |
| Prison Term and Community Service | At least 120 days in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | 1 year of alcohol education |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Kentucky Transportation Cabinet