Kentucky State Law
Kentucky law has an “illegal per se” provision that defines DUI as operating a vehicle with a BAC of 0.08 or higher. In some cases, evidence may support a DUI conviction when the offender’s BAC is less than 0.08. Commercial drivers are limited to a BAC of 0.04. If the DUI case involves aggravating circumstances, Kentucky courts order additional jail time.
Repeat offenders with two or more DUI convictions must forfeit the license plates of all vehicles during the time that their driving privileges are suspended. After a statutory suspension period, the offender may be required to install and maintain an ignition interlock device (IID) in any and all vehicles that are operated by the offender.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: $200 to $500 fine + mandatory $375 service fee, 48 hours to 30 days in county jail [if aggravated DUI then a minimum of 4 days in jail which cannot be suspended], 30 to 180 days license revocation. May apply for permission to enter the community labor program for 48 hours to 30 days in lieu of fine and/or imprisonment.
- Second Offense – Misdemeanor: $350 to $500 fine + mandatory $375 service fee, 7 days to 6 months in county jail [if aggravated DUI then a minimum of 14 days in jail which cannot be suspended], 12 to 18 months license revocation (may be eligible for restricted ignition interlock license after 12 months for the remainder of suspension period), must only operate ignition interlock restricted vehicles for a period of 6 months upon conclusion of the license revocation period (excludes employers vehicles), alcohol abuse education or treatment program for a period of 1 year. Possible 10 days to 6 months community labor in addition to fine and jail.
- Third Offense – Misdemeanor: $500 to $1,000 + mandatory $375 service fee, 30 days to 12 months in county jail [if aggravated DUI then a minimum of 60 days in jail which cannot be suspended], 24 to 36-month license revocation (may be eligible for restricted ignition interlock license after 12 months for the remainder of suspension period), must only operate ignition interlock restricted vehicles for a period of 12 months upon conclusion of the license revocation period (excludes employers vehicles), alcohol abuse education or treatment program for a period of 1 year (possible inpatient residential program). Possible 10 days to 6 months community labor in addition to fine and jail.
- Fourth and Subsequent Offense – Felony: fine determined by courts + mandatory $375 service fee, minimum of 120 days in imprisonment [if aggravated DUI then a minimum of 240 days in jail which cannot be suspended], 60 months license revocation (may be eligible for restricted ignition interlock license after 30 months for the remainder of suspension period), must only operate ignition interlock restricted vehicles for a period of 30 months upon conclusion of the license revocation period (excludes employers vehicles), alcohol abuse education or treatment program for a period of 1 year (possible inpatient residential program).
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