Kentucky DUI Law: Understanding what a “DUI” means.
Yeesh. You've been charged in Kentucky with a DUI and now you find yourself scouring the internet for the answer to what happens next. You're in the right place. Take a breath and know that you are not alone. In fact, in 2019, there were 21,998 DUI arrests in Kentucky- which account for about 5.1% of all arrests made in Kentucky for that year. DUI's are good lessons to learn from and could end up saving you or someone else in the future.
The Commonwealth of Kentucky
Kentucky prohibits a person from driving or being in physical control of a vehicle with:
A Blood Alcohol Content (BAC) of 0.08% - or 0.04% if you are operating a commercial vehicle,
With any amount of certain illicit drugs (including methamphetamine or cocaine) in the blood.
BAC of 0.08% or more is considered a "per se DUI" and can result in a conviction regardless of the persons level of impairment. The amount of alcohol needed for a BAC of 0.08% varies based on a person's gender, body size and type of alcohol consumed.
DUI/DWI - What do they mean?
What your citation says can be confusing because it's different in each state you are in. "DUI" is the abbreviation for "Driving under the influence" and "DWI" is the abbreviation for "Driving while intoxicated."
Typically, DWI refers to only intoxication by alcohol and DUI refers to the offense of driving while impaired by both alcohol and/or drugs.
In Kentucky specifically, the term DUI refers to an individual under the influence of alcohol or any substances that impair driving ability. These can include: illegal drugs, prescription drugs, over-the-counter medications, and/or inhalants like glue, gasoline, spray paint (etc.)
Consequences of each offense
Prior to July 1, 2020, the courts selected the suspension time from a date range based on the offense.
As of July 1, 2020, the Kentucky Transportation Cabinet (KYTC) will administer a statistic time based on the type of conviction you are facing.
1st offense within a 10 year period:
Considered a misdemeanor
48 hours- 30 days in jail (community service is available as substitution for jail time)
$200-$500 fine
90 days of alcohol or substance abuse program
6 months of license suspension (must pay a $40 reinstatement fee to reinstate license after suspension period.)
*See Kentucky Ignition Interlock Program to see if you qualify for a reduction in suspension periods
If there are any aggravating circumstances, then you must serve at least 4 days in jail.
2nd offense within a 10 year period:
Considered a misdemeanor
7 days- 6 months in jail
Additionally, may be sentenced to 10 days- 6 months of community service
$350-$500 fine
1 year of alcohol or substance abuse treatment
18 months (1.5 years) of license suspension (must pay a $40 reinstatement fee to reinstate license after suspension period.)
*See Kentucky Ignition Interlock Program to see if you qualify for a reduction in suspension periods
If there are any aggravating circumstances, then you must serve at least 14 days in jail.
3rd offense within a 10 year period:
Considered a misdemeanor
30 days- 12 months (1 year) in jail
Additionally, may be sentences to 10 days-12 months of community service
$500-$1,000 fine
1 year of alcohol or substance abuse treatment
36 months (3 years) of license suspension (must pay a $40 reinstatement fee to reinstate license after suspension period.)
*See Kentucky Ignition Interlock Program to see if you qualify for a reduction in suspension periods
If there are any aggravating circumstances, then you must serve at least 60 days (2 months) in jail.
4th offense within a 10 year period:
Class D felony
1-5 years in jail
$1,000-$10,000 fine
1 year of alcohol or substance abuse treatment
60 months (5 years) of license suspension (must pay a $40 reinstatement fee to reinstate license after suspension period.)
*See Kentucky Ignition Interlock Program to see if you qualify for a reduction in suspension periods
If there are any aggravating circumstances, then you must serve at least 240 days (8 months) in jail.
Under 21 years of age DUI: (BAC 0.2% or higher)
BAC of 0.02% - 0.07%
No jail time
$100-$500 fine
20 hours of community service may be substituted for fine
30 days- 6 months license suspension
BAC of 0.08% or higher
Subject to the same penalties as if they were over 21. (e.g., 1-4 offenses listed above)
*CDL License holders be advised that a DUI in ANY vehicle will result in a license suspension for 1 year, a $50 reinstatement fee and passage of the written and vision tests to start over with a permit. After passing the applicable skills tests and having the permit for 14 days, the CDL license can be reinstated.
*Refusing to take alcohol or certain subsequent tests will result in the suspension of the persons license for the period of time they would've been suspended upon conviction.
Aggravating Circumstances
Aggravating Circumstances are exactly what they sound like. They are circumstances that turn a bad situation into a worse situation. Some aggravating circumstances include:
Driving more than 30 MPH over the speed limit
Driving in the wrong direction
Causing an accident that results in death or serious injury
Driving with a BAC of .15% or more
Refusing to submit to tests required by the police
Driving with a passenger less than 12 years of age
DUI Courses
When it comes to the treatment programs, the Division of Licensing will only accept completions from programs that are authorized for DUI treatment. Online courses will not be accepted. To see a list of the approved treatment facilities click visit https://providerdirectory.dbhdid.ky.gov/ProviderDirectory.aspx?ptc=DUI, or call the Division of Driver Licensing at 502-564-1257
Kentucky Ignition Interlock Program (KIIP)
The consequences can be very severe depending on how many offenses you've had. The Kentucky Ignition Interlock Program (KIIP) is a program available to qualifying individuals that decreases the suspension periods that you face. KIIP restricts the individual to operating a vehicle or motorcycle equipped with a functioning ignition interlock device. To qualify, you must be violation free for 90-120 consecutive days, based on the offense.
1st offense within 10 years:
To Qualify: must be violation free for 90 days. (3 months)
90 days of alcohol or substance abuse program
4 months of license suspension instead of 6 months of suspension.
2nd offense within 10 years:
To qualify: must be violation free for 120 days (4 months)
1 year of alcohol or substance abuse treatment
12 months (1 year) of license suspension instead of 18 months (1.5 years) of suspension
3rd offense within 10 years:
To qualify: must be violation free for 120 days (4 months)
1 year of alcohol or substance abuse treatment
18 months (1.5 years) of license suspension instead of 36 months (3 years) of suspension.
4th offense within 10 years:
To qualify: must be violation free for 120 days. (4 months)
1 year of alcohol or substance abuse treatment
30 months (2.5 years) of license suspension instead of 60 months (5 years) of suspension.
The KIIP program is available for $3 per day. The program involves: a quality device, customer support, a certified technician at a location convenient for you and reliable accurate reporting. The devices are NHTSA and ISO certified meaning it is calibrated for perfect accuracy before going into your vehicle. More reliable devices means less hassle with false positives and equipment malfunctions.
With this privilege comes responsibility. The KIIP program can be discontinued if you are in violation of any of the following rules.
Failure to take any random breath alcohol test unless a review of the digital image confirms that a driver did not occupy the motor vehicle or motorcycle at the time of the missed test.
Failure to pass any random retest with a breath alcohol level of 0.02 or lower unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower.
Failure of the person, or their designee, to appear at the ignition interlock device provider when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device.
Failure to pay statutory required fees (See KRS 189A.340)
Tampering with an installed ignition interlock device with the intent of rendering it defective
Altering, concealing, hiding or attempting to alter, conceal, or hide the person's identity from the ignition interlock device's camera while providing a breath sample.
If you find yourself having any additional questions, call Zachary Smith, Attorney at law. He would love to help!
By: Cayla Schulz
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*This is not legal advice. If you have any questions about your DUI seek an attorney.