Kentucky DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Kentucky
Kentucky DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Kentucky, the law allows only 10 days for a Kentucky DUI Lawyer to make a request with the Kentucky DMV (Division of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in Kentucky?
The penalties for driving under the influence in Kentucky will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
OUT OF STATE CONVICTIONS
Under Kentucky state law prior drunk driving related convictions will include any convictions in any other state or jurisdiction.
ENHANCED PENALTIES: AGGRAVATING CIRCUMSTANCES
Under Kentucky state law, if any of the aggravating circumstances listed below apply to any DUI case then increased penalties will apply.
1) Operating a motor vehicle while speeding (in excess of 30mph)
2) Operating a motor vehicle in wrong direction on limited access highway
3) Operating a motor vehicle which results in an accident causing serious injury or death
4) Operating a motor vehicle with a BAC (blood alcohol content) of 0.15 or more
5) Operating a motor vehicle while carrying a passenger under the age of 12
6) Refusing to submit to a chemical test
KY DUI Penalties
Kentucky is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in Kentucky:
- Fines: $200 to $500 fine + mandatory $375 service fee
- Imprisonment: 48 hours to 30 days in county jail
- Drivers License Revocation: 30 to 120 days drivers license revocation
- may apply for permission to enter community labor program for 48 hours to 30 days in lieu of fine and/or imprisonment
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense in Kentucky:
- Fines: $350 to $500 fine + mandatory $375 service fee
- Imprisonment: 7 days to 6 months in county jail
- Drivers License Revocation: 12 to 18 months drivers license revocation
- Restricted License: may be eligible for ignition interlock restricted drivers license after 12 months for remainder of suspension period
- Ignition Interlock: must only operate ignition interlock restricted vehicles for a period of 6 months upon conclusion of revocation period (excludes employers vehicles)
- possible 10 days to 6 months community labor in addition to fine and jail
- alcohol abuse education or treatment program for a period of 1 year
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense in Kentucky:
- Fines: $500 to $1,000 fine + mandatory $375 service fee
- Imprisonment: 30 days to 12 months in county jail
- Drivers License Revocation: 24 to 36 months drivers license revocation
- Restricted License: may be eligible for ignition interlock restricted drivers license after 12 months for remainder of suspension period
- Ignition Interlock: must only operate ignition interlock restricted vehicles for a period of 12 months upon conclusion of revocation period (excludes employers vehicles)
- possible 10 days to 6 months community labor in addition to fine and jail
- alcohol abuse education or treatment program for a period of 1 year (possible inpatient residential program)
4th (& subsequent) DUI Offense / Conviction - Felony
The penalty upon conviction of a fourth or subsequent DUI offense in Kentucky:
- Fines: amount determined by court + mandatory $375 service fee
- Imprisonment: 120 days minimum
- Drivers License Revocation: 60 months drivers license revocation
- Restricted License: may be eligible for ignition interlock restricted drivers license after 30 months for remainder of suspension period
- Ignition Interlock: must only operate ignition interlock restricted vehicles for a period of 30 months upon conclusion of revocation period (excludes employers vehicles)
- alcohol abuse education or treatment program for a period of 1 year (possible inpatient residential program)
Underage DUI Penalties (Under 21 Years of Age)
Persons under 21 years of age with a BAC between 0.02 and less than 0.08 will be guilty of an offense and will face penalties outlined below:
- Fine: $100 to $500 fine (possible 20 hours community service in lieu of fine)
- License Suspension: 30 days to 6 months drivers license suspension
- alcohol abuse education or treatment program for a period of 90 days
UNDERAGE DUI WITH HIGH BAC
If a person under 21 has a BAC of 0.08 or more, they will be subject to the same penalties as drivers over 21 as outlined above.
Implied Consent (Chemical Testing) Laws
In Kentucky any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood. It is an offense to refuse to submit or fail to complete a chemical test when required to do so.
Chemical Test Refusal Penalties - Kentucky
First Chemical Test Refusal
- Drivers License Revocation: 30 to 120 days drivers license revocation
Second Chemical Test Refusal
- Drivers License Revocation: 12 to 18 months drivers license revocation
Third Chemical Test Refusal
- Drivers License Revocation: 24 to 36 months drivers license revocation
Fourth (& subsequent) Chemical Test Refusal
- Drivers License Revocation: 60 months drivers license revocation
What is the legal alcohol limit in Kentucky
The maximum legal BAC (blood alcohol content) limits in Kentucky for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Kentucky it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Kentucky it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Kentucky it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Kentucky and implied consent laws are enforced.
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