How much do you have to drink (BAC*) for a DUI in Kentucky?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Kentucky?

Kentucky has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Kentucky’s implied consent law.

What is the minimum jail time?

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Kentucky?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Kentucky, but it's possible a lawyer may be able to create a plea bargain for you.

1st Kentucky DUI Offense

First Drunk Driving Conviction

• Jail – From 2 Days up to 30 Days
• Jail – Aggravated DUI – 4 Days
• Fine – From $200 to $500
• License Suspension – From 30 to 120 Days
• Alcohol or Drug Treatment Program – 90 Days
• Community Labor – 48 Hours to 30 Days

More Information: First Offense DUI in Kentucky

2nd Kentucky DUI Offense

Second Drunk Driving Conviction

• Jail – From 7 Days up to 6 Months
• Jail – Aggravated DUI – 14 Days
• Fine – From $350 to $500
• License Suspension – From 12 to 18 Months
• Alcohol or Drug Treatment Program – 1 Year
• Community Labor – 10 Days to 6 Months

More Information: Second Offense DUI in Kentucky

3rd Kentucky DUI Offense

Third Drunk Driving Conviction

• Jail – From 30 Days up to 12 Months
• Jail – Aggravated DUI – 60 Days
• Fine – From $500 to $1,000
• License Suspension – From 24 to 36 Months
• Alcohol or Drug Treatment Program – 1 Year
• Community Labor – 10 Days to 12 Months

More Information: Third Offense DUI in Kentucky

4th Kentucky DUI Offense

Fourth Drunk Driving Conviction

• Felony Offense
• Jail – Minimum 120 Days
• Jail – Aggravated DUI – 240 Days
• Fine – From $500 to $1,000
• License Suspension – 60 Months

Aggravated DUI Circumstances

• Speed Limit – Driving 30 MPH over Limit
• Driving the Wrong Way on Limited Access Highway
• Causing an Accident that Results in Injury or Death
• Alcohol Level is .18 or Above
• DUI Test Refusal
• Passengers Under the Age of 12

Drinking and Driving Laws in Kentucky

Kentucky Drunk Driving and Wet Reckless Laws - Nolo.com

The State of Kentucky prohibits the operation of a motor vehicle by a driver that has a .08 percent blood alcohol concentration (BAC) or above. The .08 percentage limit is the standard measurement for all states across the country. Kentucky has a lower BAC limit for minors and the driver of commercial vehicles.  The State of Kentucky also has harsher laws for a DUI with aggravated circumstances such as transporting a child under the age of 12, driving 30 mph over the speed limit, driving the wrong direction, causing an accident while impaired, and other infractions.

How many drinks does it take to reach the legal limit in Kentucky?

Calculating the exact number of drinks it takes to be legally drunk is not an exact science. Each person has unique individual physical qualities that contribute to a BAC score.

There are formulas based on averages that can estimate a persons blood alcohol concentration, however these calculations are not correct for all drivers.

It is safe to say that for each drink you have, you bring yourself that much closer to what the State of Kentucky considers an "impaired driver".

The best answer is not to drink and drive . The State of Kentucky has strict laws for drunk driving, and when you drink and drive in Kentucky, you risk your freedom, finances and your future.  The first time you receive a drunk driving conviction in Kentucky you will be fined from $200-$500. You will also spend a minimum 2 days to 30 days in jail or receive from 2 to 30 days of community service. Your drivers license will be suspended from 30 to 120 days. If you were involved with an aggravated DUI you will spend 4 days in jail.

An aggravated DUI means you commit one of the following acts while you are driving drunk; Speeding 30 MPH over the limit, Driving the wrong direction, Being involved in an accident and driving with a child under the age of 12 years old. Driving with a BAC of .18 and above or refusing to submit to a chemical test.  If you are convicted for a 3rd a DUI in Kentucky you will be fined from $500-$1,000. You will also be ordered to 1 year of alcohol or substance abuse treatment. You will spend anywhere from 7 days to 6 months in jail and from 10 days to 6 months of community service. Your drivers license will be suspended from 24 to 36 months.  If aggravated circumstances were involved you will receive 14 days in Jail.

The fourth time you are convicted of drunk driving in Kentucky you will be charged with a Class "D" Felony. You will be ordered to a 1 year alcohol or substance abuse treatment program and spend a minimum of 120 in jail without probation.

You may also be sentenced to 10 days to 1 year community service. Your drivers license will be suspended from 24 months to 36 months. You will also spend 60 days in Jail if aggravated circumstances were involved.

Drunk Driving Laws in Kentucky

State of Kentucky BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Kentucky

The implied consent law in Kentucky means that all drivers are willing to submit to a chemical test of their Blood, Breath or Urine if the officer involved has reason to believe that a driver is impaired. Refusal to submit to a chemical test will result in a drivers license suspension for 30 to 120 days. A second refusal will suspend your drivers license for 12 to 18 months and your 3rd refusal to submit to a chemical test will result in a 24-36 month drivers license suspension.

State of Kentucky Website - More DUI Information

Other Kentucky Information on This Website

Teen Driving Laws and Insurance Requirements in Kentucky

Cell Phone Driving Laws in Kentucky