Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

What Are the Kentucky DUI Laws?

Driving under the influence (DUI), or "driving while intoxicated" (DWI), is a serious criminal offense. Under Kentucky's DUI laws it is illegal to operate, or be in physical control of, a motor vehicle in any of the following circumstances:

  • With an alcohol concentration (BAC) or 0.08% or more
  • While under the influence of alcohol
  • While under the influence of any other substance (or combination of substances) which impair the ability to drive
  • While a controlled substance (applicable substances are listed in Kentucky's Revised Statutes section 189A.010(12)) is in the driver's blood
  • While under the combined influence of alcohol and any other substance which impairs the ability to drive, or
  • If the driver is under age 21, an alcohol concentration (BAC) of 0.02% or more

Penalties for Driving While Under the Influence

Offenders who are 21 years old or older:

  • First offense (within 10 years): Punishable by a fine of between $200 and $500, and/or imprisonment for between 48 hours and 30 days. The offender may be able to enter a community labor program in lieu of the fine and/or imprisonment. If aggravating circumstances* are present, then the offender must serve at least four days in jail.
  • Second offense (within 10 years): Punishable by a fine of between $350 and $500, imprisonment for between seven days and six months, and may be sentenced to community labor for between ten days and six months. If aggravating circumstances* are present, then the offender must serve at least 14 days in jail.
  • Third offense (within 10 years): Punishable by a fine of between $500 and $1,000, imprisonment for between 30 days and 12 months, and community labor for between ten days and 12 months. If aggravating circumstances* are present, then the offender must serve at least 60 days in jail.
  • Fourth or subsequent offense (within 10 years): Guilty of a Class D felony that is punishable by a fine of between $1,000 and $10,00 and/or imprisonment for between one and five years. If aggravating circumstances* are present, then the offender must serve at least 240 days in jail.

Offenders who are under 21 years old: The driver's license will be suspended for between 30 days and six months, and fined between $100 and $500 (or 20 hours of community service in lieu of a fine). However, if the offender has a blood alcohol concentration of 0.08% or greater, then he or she will be subjected to the same penalties as an offender who is 21 years old or older.

*Aggravating DUI circumstances in Kentucky include any of the following:

  • 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 blood alcohol concentration of 0.15% or more
  • Refusing to submit to tests requested by a police officer, or
  • Driving with a passenger who is less than 12 years old in the vehicle

Additional Resources

State laws change frequently. For case specific information regarding Kentucky's DUI laws contact a local DUI attorney.

Was this helpful?

Thank you. Your response has been sent.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

 

 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options