Kentucky DUI Laws

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The maximum prescribed legal BAC limit in Kentucky is 0.08% per se
(effective from Oct 1st 2000)

(If you’ve been charged with Kentucky DUI, the law allows only 10 days for your Kentucky DUI Lawyer to make a request with the Kentucky DMV (Division of Motor Vehicles) for a hearing to save your driving license)

Kentucky DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Kentucky it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Kentucky and implied consent laws are enforced.

Kentucky BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Kentucky

Kentucky is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First Dui - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Kentucky:

• $200 to $500 fine
• 2 to 30 days in jail
• possible 48 hours to 30 days community labor
• 30 to 120 days drivers license suspension
• mandatory 90 days attendance at treatment program

Second DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Kentucky:

• $350 to $500 fine
• 7 days to 6 months in jail
• 10 days to 6 months community labor
• 12 to 18 months drivers license suspension
• mandatory 1 year attendance at treatment program
• possible restricted ignition interlock drivers license after suspension

Third DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DUI - drunk driving conviction in Kentucky:

• $500 to $1,500
• 30 days to 12 months in jail
• 10 days to 12 months community labor
• 1 to 3 years drivers license suspension
• mandatory 1 year attendance at treatment program
• possible restricted ignition interlock drivers license after suspension

Fourth DUI - Drunk Driving Conviction - FELONY

The penalty for a fourth DUI - drunk driving conviction in Kentucky:

• fine determined by courts
• minimum of 120 days in jail
• 5 year drivers license suspension
• possible restricted ignition interlock drivers license after suspension

Underage DUI Penalties (Under 21 years of age) - BAC between 0.02 and 0.079%

If the driver is under 21 years of age but has an alcohol concentration of .08 or higher, the driver will be subject to penalties established for drivers over 21 years of age.

First Underage Dui - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first underage DUI - drunk driving conviction in Kentucky:

• $100 to $500 fine
• or 20 days community labor in lieu of fine
• 30 days to 6 months drivers license suspension

Aggravating factors

There are several aggravating factors that are used when deciding on a sentence for a Kentucky DUI. If any of these factors are present then the mandatory minimum jail time is doubled. These factors are:

• Operating a motor vehicle in excess of 30mph above the legal speed limit
• Operating a motor vehicle while travelling in the wrong direction on a highway
• Operating a motor vehicle that causes an accident resulting in serious physical injury or death
• Operating a motor vehicle while the BAC (blood alcohol concentration) is 0.18% or more
• Refusing to submit to a test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws
• Operating a motor vehicle while transporting a passenger that is under the age of twelve (12) years old

Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Kentucky and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Kentucky

In Kentucky, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

First chemical test refusal

• 30 to 120 days drivers license suspension

Second chemical test refusal

• 12 to 18 months drivers license suspension

Third Chemical test refusal

• 24 to 36 months drivers license suspension

Fourth (and subsequent) Chemical test refusal

• 5 years drivers license suspension

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Kentucky Auto insurance (High Risk DUI SR22 Insurance)

Kentucky auto insurance quotes ENTER ZIP CODE:

Although SR22 insurance is not required in the state of Kentucky after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Kentucky auto insurance in a matter of minutes. Although SR22 insurance is not required in the state of Kentucky after an alcohol related driving offense, if you have an SR22 insurance requirement and you move to the state of Kentucky, you will still need to meet the SR22 insurance requirements in the state where the offense was committed.

Minimum liability insurance requirements for private passenger vehicles in the state of Kentucky

The minimum mandatory liability insurance coverage required in the state of Kentucky for private passenger vehicles is (25/50/10). This equates to the following liability coverage:

• $25,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Kentucky Lawyer

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Protect your rights! Talk to a local DUI lawyer Kentucky DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Kentucky drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Kentucky Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Kentucky? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Kentucky? • Does Kentucky have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Kentucky laws and procedures ? • When and how can you get your driver’s license reinstated in Kentucky? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Kentucky criminal defense attorney specialising in Kentucky drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Kentucky drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Kentucky DUI lawyer is recommended in all cases.

Useful Kentucky DUI Links:

DUI - Drunk Driving Laws in Kentucky

Kentucky Drivers Manual

Kentucky SR22 Insurance Requirement

Kentucky DMV (Division of Motor Vehicles)

Kentucky Department of Transportation

Kentucky State Courts

Kentucky Department of Insurance

Kentucky DUI Lawyers

Kentucky DUI discussion forum

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