Kentucky Aggravated DUI

Kentucky's DUI laws prohibit a person from operating or being in physical control of a vehicle with a blood alcohol content (BAC) of .08% or more, with any amount of listed controlled substance (including cocaine and methamphetamine) in the body, or while under the influence of drugs or alcohol.

Generally, the penalties for a DUI conviction depend on how many prior convictions the offender has. Additionally, the following aggravating factors will increase the normal penalties:

• speeding in excess of 30 miles an hour over the speed limit
• driving the wrong way on a highway
• causing an accident resulting in death or serious physical injury
• operating a vehicle with a BAC of .15% or more
• refusing to submit to a blood, breath, or urine test in violation of the state's implied consent laws (not applicable if first-offense DUI), or
• transporting a passenger under 12 years old.

A DUI that involves any of these factors is considered an "aggravated DUI."

Kentucky Aggravated DUI Penalties

Similar to a standard DUI, for an aggravated DUI conviction, the judge will determine the driver's penalties based on the circumstances of the case, including the number of prior offenses the driver has that occurred within the last ten years. Jail time and fines are mandatory, but it's up to the judge as to whether to order community service.

All offenders must complete a substance abuse program. A first-offense DUI requires at least 90 days of treatment and a second DUI requires one year of treatment. Subsequent offenses will require at least a year of residential or inpatient substance abuse treatment.

Driver's License Penalties

All DUI convictions are reported to the Transportation Cabinet, which will issue a notice of suspension to the offender.

Suspension. For a DUI conviction, the state will suspend the driver's license for six months for a first offense, 18 months for a second offense, and 36 months for a third offense.

Restricted license. Under the Kentucky Ignition Interlock Program (KIIP), suspended drivers can apply for restricted driving privileges during the suspension period. The restricted license permits the holder to operate only vehicles equipped with an ignition interlock device (IID). Drivers who hold the restricted license without any IID violations become eligible for early license reinstatement. The KIIP is mandatory for repeat DUIs or DUIs involving an injury accident and can be court-ordered for drivers who refuse testing.

Pretrial suspension. Offenders who refused testing, caused an injury accident, or have prior DUI offenses can be suspended by the judge at the initial arraignment hearing. The driver will remain suspended until the DUI charges are resolved. Any suspension time served will count towards the DUI conviction suspension penalties.

License plate revocation. For second and subsequent offenses, the judge will order the surrender of the offender's license plate. This surrender can be avoided with the installation of an IID and in some other limited circumstances.