KENTUCKY DUI LAW

Blood Alcohol Content (BAC) for Driving Under the Influence (DUI) in Kentucky:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .20% or above

Implied Consent and Chemical Test Refusal: In Kentucky, if you are driving or in physical control of a motor vehicle, you have consented to any blood, urine, or breath test that the arresting officer may give you to determine your BAC. Failing to consent to such a chemical test will result in the suspension of your driver’s license from between 30 and 120 days. Penalties for receiving a DUI in Kentucky may result in severe, long-term results. You should speak with a Kentucky DUI attorney as laws in Kentucky may differ from county to county.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: From 30 to 120 days. You must also participate in an Alcohol Treatment Program for 90 days.
  • Second DUI Conviction: From 12 to 18 months. Participation in an Alcohol Treatment Program for 1 year is also required.
• Monetary Fines:
  • First DUI Conviction: Between $200 and $500.
  • Second DUI Conviction: Between $350 and $500.
• Community Service: Following your first DUI conviction, you will be forced to perform community labor for between 48 hours and 30 days. After your second conviction for DUI, you must complete a minimum of 10 days worth of community service, and a maximum of 6 months.
• Probation: Not prior to conviction.
• Motor Vehicle Impound: Unless an ignition interlock device is ordered, your vehicle may be impounded after your second DUI conviction.
• Ignition Interlock: A Kentucky court may order an ignition interlock device for a second or subsequent conviction for DUI.
• Prison Time:
  • First DUI: Between 2 days and 30 days. If you are convicted of an Aggravated DUI you are required to spend 4 days in jail.
  • Second DUI: Between 7 days and 6 months. If you are convicted of an Aggravated DUI, you must serve 60 days of prison time.

DUI Arrest - Criminal Charges

After you have had criminal charges filed against you for DUI in Kentucky, the process for defending yourself in court can be quite complicated. Contacting a Kentucky DUI lawyer can be a great benefit to you in the ensuing court process.

Potential Criminal Charges: Upon your fourth DUI you will be charged with a felony.

Reinstating Your License After DUI Conviction: Once you are eligible to reinstate your license, you must send a $40 reinstatement fee to the Circuit Court Clerk’s Office or to one of the Driver Licensing Regional Field Offices. You should make your check payable to the Kentucky State Treasurer.

Effect of DUI on Car Insurance: Kentucky does not require you to file an SR-22 Certificate of Insurance for the reinstatement of your driver’s license after you have been convicted of a DUI. However, your liability insurance premiums will increase drastically after your conviction for DUI.

Effect of DUI on Driving Record: A DUI remains on your driving record for at least 5 years; but, if you are charged criminally, a DUI remains on your criminal record forever.

Under 21 and DUI: If you violate the Zero Tolerance Law in Kentucky, your license will be suspended for between 30 days and 6 months, and you may be ordered to pay a fine or complete 20 hours of community service. You will break Kentucky’s Zero Tolerance Law if you are under 21, have a BAC of .02% or higher, and are driving a motor vehicle.

Kentucky Resources

Kentucky Transportation Cabinet

Kentucky Statutes