Kentucky's DUI Laws and Conviction Penalties

In Kentucky, the penalties you'll face for a DUI (driving under the influence) conviction depend mainly on how many prior convictions you have. This article covers the basics of Kentucky's DUI laws and the consequences of a first, second, and third DUI conviction

Kentucky's DUI Laws

Kentucky prohibits a person from driving or being in physical control of a vehicle::

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle)
• while "under the influence" of any controlled substance, alcohol, or a combination thereof that impairs the person's driving ability, or
• with any amount of certain listed illicit substances (including methamphetamine and cocaine) in his or her blood.

A violation with a BAC of .08% or more is considered a "per se DUI," which can result in a conviction regardless of the person's level of impairment so long as the BAC measurement is taken within two hours of when the motorist was driving. The amount of alcohol needed to reach these BAC levels can differ depending on the person's gender and body size and the type of alcohol. (Ky. Rev. Stat. Ann. § 189A.010.)

Kentucky's First-Offense DUI Penalties

Generally, DUI convictions stay on your record and count as prior convictions for 10 years. A first DUI is a misdemeanor and typically carries:

• 48 hours to 30 days in jail
• $200 to $500 in fines
• the requirement to complete a 90-day treatment program
• a license revocation of 30 to 120 days, and
• six months with an ignition interlock device (IID) following license reinstatement

But a first DUI conviction that involves certain aggravating factors carries a minimum of four days in jail. These aggravating factors include excessive speeding, causing an injury accident, refusing blood alcohol content (BAC) testing, having a passenger under 12 years old, or having a BAC of .15% or greater.

Kentucky's Second-Offense DUI Penalties

A second DUI within 10 years is a misdemeanor and typically carries:

• seven days to six months in jail
• $350 to $500 in fines
• the requirement to complete a one-year treatment program, and
• a license revocation of 18 months.

The minimum jail time increases to 14 days if the second offense involves any aggravating factors such as excessive speeding, refusing alcohol testing, causing an injury accident, having a passenger under 12 years old, and having a BAC of .15% or greater

Kentucky's Third-Offense DUI Penalties

A third DUI within 10 years is a misdemeanor and typically carries:

• 30 days to 12 months in jail
• $500 to $1,000 in fines
• the requirement to complete a one-year treatment program, and
• a license revocation of 36 months.

If the DUI included one of the previously listed aggravating factors (see first and second offenses discussed above), the driver must serve a minimum of 60 days in jail.

Kentucky's Felony (Fourth) DUI Penalties

A fourth DUI in Kentucky will be a class D felony. A fourth offense carries

• one to five years in prison (minimum 120 days if the judge grants probation)
• $500 to $1,000 in fines
• the requirement to complete a one-year treatment program, and
• a license revocation of 36 months.

Additionally, the minimum jail time will be doubled to 240 days if there are any aggravating factors such as excessive speeding, a child passenger, or high BAC.

Getting a Hardship License in Kentucky

Drivers who are suspended due to a test refusal, DUI conviction, or pretrial suspension can apply to the Kentucky Ignition Interlock Program for limited driving privileges. Participants must install and maintain an IID and are allowed to operate a vehicle as long as it has an installed IID.

The KIIP can also reduce the driver's suspension period. Drivers who comply with the program requirements and avoid violations can have a first-offense suspension reduced to four months, a second-offense suspension reduced to 12 months, and a third-offense suspension reduced to 18 months.

Kentucky's Underage DUI Laws

While everyone can be convicted of a DUI for driving with a BAC of .08% or more, drivers under 21 years of age can be convicted of an underage DUI for driving with a BAC of .02% or greater.

A conviction does not carry jail time but does result in a 30-day to six-month driver's license revocation, a substance abuse program requirement, and either a fine of up to $500 or 20 hours of community service.

Talk to a Kentucky DUI Lawyer

If you're arrested for driving under the influence in Kentucky, it's a good idea to consult with an experienced DUI attorney. A qualified DUI lawyer can help you decide on the best course of action in your case.