Kentucky DUI Attorney Laws & Information
DWI/DUI - Drunk Driving Laws And Penalties In Kentucky
(KRS 189A.010) It is illegal to drive in the state of Kentucky with a blood
or breath alcohol content of .08 or higher, or .02 if under 21 years of age.
(KRS 281A.210) Commercial vehicle drivers operating commercial
vehicles are deemed to be under the influence at a breath or blood
alcohol level of .04. Commercial vehicle operators may also be placed
out of service for 24 hours for any detectable amount of alcohol or
controlled substance in their system.
(KRS 189A.010 [11]) Aggravating Circumstances result in higher
minimum jail time:
a) Over 30 mph over speed limit
b) Wrong way on limited access highway
c) Causes accident resulting in death or serious physical injury
d) Alcohol level of .18 or more within 2 hours after operating
e) Refusal to submit to testing
f) Transporting passengers under 12 years of age
Implied Consent
Implied Consent applies to any person who operates or is in physical
control of a motor vehicle or a vehicle that is not a motor vehicle
anywhere in Kentucky. Implied Consent means that when a person
operates or is in physical control of a motor vehicle or a vehicle that is
not a motor vehicle as defined by statute in Kentucky they have been
deemed to have given consent to one (1) or more tests of blood, breath
and urine, or combination for the purpose of determining alcohol
concentration or presence of a substance which may impair one's
driving ability. Only through a test of blood, breath or urine can alcohol
levels be accurately measured. The breath test is precise and efficient in
measuring BRAC.
It analyzes a breath sample to determine the amount of alcohol in the
breath. A blood test measures the amount of alcohol in the blood.
(Alcohol concentration means either grams of alcohol per 100 milliliters
of blood or grams of alcohol per 210 liters of breath)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
Note: all of the offenses listed below are for refusals within a five year
period.
1st Offense - 30 to 120 Days
2nd Offense - 12 to 18 Months
3rd Offense - 24 to 36 Months
4th Offense or subsequent - 60 Months
Ignition Interlock Device
Drivers convicted of a second or subsequent DUI will forfeit their license
plates to the courts during the period in which the driver license is
suspended. The court may order an ignition interlock device to be
installed on the violator's vehicle after the driver serves a statutory
suspension period. The ignition interlock device prevents a driver from
operating that vehicle if the driver's BAC is .02 or greater.
Drivers License Reinstatement
The Kentucky reinstatement fee is $40. In addition to paying a
reinstatement fee, drivers may be required to complete a suspension
period, provide proof of satisfying a ticket or provide proof of completing
an alcohol treatment program before a license will be reinstated.
Penalties/Fines If Convicted For A DUI
The DUI law establishes minimum jail times, which cannot be probated,
suspended, conditionally discharged or otherwise subject to early
release.
First Offense Within a Five Year Period:
a) $200 to $500 fine
b) 90 day alcohol or substance abuse treatment
c) 2 to 30 days in jail
d) Possible 48 hours to 30 days community labor
e) 30 to 120 days license suspension
f) 4 days imprisonment if aggravating circumstances are present
Second Offense Within a Five Year Period:
a) $350 to $500 fine
b) 1 year alcohol or substance abuse treatment
c) 7 days to 6 months in jail
d) 10 days to 6 months community labor
e) 12 to 18 months license suspension
f)14 days imprisonment if aggravating circumstances are present
Third Offense Within a Five Year Period:
a) $500 to $1,000 fine
b) 1 year alcohol or substance abuse treatment
c) 30 days to 12 months in jail
d) 10 days to 12 months community labor
e) 24 to 36 months license suspension
f) 60 days imprisonment if aggravating circumstances are present
Fourth Offense Within a Five Year Period:
a) Class D Felony
b) 1 year alcohol or substance abuse treatment
c) Minimum 120 days in jail without probation
d) 60 month license suspension
e) 240 days imprisonment if aggravating circumstances are present
DUI Penalties (Under 21 Years Of Age)
If the driver is under 21 years of age but has an alcohol concentration of
.08 or higher, the driver will be subject to penalties established for
drivers over 21 years of age.
First Offense:
a) $100 to $500 fine or 20 hours community labor
b) 30 days to 6 months license suspension
Kentucky DUI - Penalties - Driving While License
Suspended
The State Statute States:
(189A.090) Operating motor vehicle while license is revoked or
suspended for driving under the influence is prohibited. Operating motor
vehicle without required ignition interlock device is prohibited.
Penalties
(1) No person shall operate or be in physical control of a motor vehicle
while his license is revoked or suspended under KRS 189A.010(6),
189A.070, 189A.107, 189A.200, or 189A.220, or operate or be in physical
control of a motor vehicle without a functioning ignition interlock device in
violation of KRS 189A.345(1).
(2) In addition to any other penalty imposed by the court, any person who
violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B
misdemeanor and have his license revoked by the court for six (6)
months, unless at the time of the offense the person was also operating
or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class A misdemeanor and have his license revoked by the court for a
period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class
A misdemeanor and have his license revoked by the court for one (1)
year, unless at the time of the offense the person was also operating or
in physical control of a motor vehicle in violation of KRS 189A.010(1)(a),
(b), (c), or (d), in which event he shall be guilty of a Class D felony and
have his license revoked by the court for a period of two (2) years;
(c) For a third or subsequent offense within a five (5) year period, be
guilty of a Class D felony and have his license revoked by the court for
two (2) years, unless at the time of the offense the person was also
operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class D felony and have his license revoked by the court for a period of
five (5) years.
(3) The five (5) year period under this section shall be measured in the
same manner as in KRS 189A.070.
(4) After one (1) year of the period of revocation provided for in
subsection (2)(b) or (c) of this section has elapsed, a person whose
license has been revoked pursuant to either of those subsections may
move the court to have an ignition interlock device installed for the
remaining portion of the period of revocation. The court may, upon a
written finding in the record for good cause shown, order an ignition
interlock device installed if the following conditions are satisfied:
(a) The person shall not operate a motor vehicle or motorcycle without
an ignition interlock device as provided for in KRS 189A.340(2);
(b) The person shall not operate a motor vehicle or motorcycle at any
other time and for any other purposes than those specified by the court;
and
(c) The ignition interlock device shall be installed on the motor vehicle or
motorcycle for a period of time not less than the period of revocation
required for the person under subsection (2)(b) or (c) of this section.
(5) Upon a finding of a violation of any of the conditions specified in
subsection (4) of this section or of the order permitting the installation of
an ignition interlock device in lieu of the remaining period of revocation
that is issued pursuant thereto, the court shall dissolve such an order
and the person shall receive no credit toward the remaining period of
revocation required under subsection (2)(b) or (c) of this section.
Please Note: State statutes and laws are from time to time changed.
Please contact the state department or a lawyer for the most up to date
information.
Kentucky DUI - Hardship License
The State Statutes States:
(189A.410) Purposes for issuance of hardship license -- Use of ignition
interlock device may be required -- Prohibition against issuance when
alcohol or substance test was refused.
(1) At any time following the expiration of the minimum license
suspension periods enumerated in KRS 189A.010(6), 189A.070, and
189A.107, the court may grant the person hardship driving privileges for
the balance of the suspension period imposed by the court, upon written
petition of the defendant, if it finds reasonable cause to believe that
revocation would hinder the person's ability to:
(a) Continue his employment;
(b) Continue attending school or an educational institution;
(c) Obtain necessary medical care;
(d) Attend driver improvement, alcohol, or substance abuse education
programs; or
(e) Attend court-ordered counseling or other programs.
(2) Whenever the court grants a person hardship driving privileges
under subsection (1) of this section, the court through court order, may:
(a) Prohibit the person from operating any motor vehicle or motorcycle
without a functioning ignition interlock device;
(b) Require that the person comply with all of the requirements of KRS
189A.340, except for the requirements found in KRS 189A.340(1); and
(c) Require the person to install an ignition interlock device on every
vehicle owned or leased by the person who is permitted to operate a
motor vehicle under this section.
(3) The court shall not issue a hardship license to a person who has
refused to take an alcohol concentration or substance test or tests
offered by a law enforcement officer.
(189A.420) Required information for issuance of hardship license.
Before granting hardship driving privileges, the court shall order the
defendant to:
(1) Provide the court with proof of motor vehicle insurance;
(2) Provide the court with a written, sworn statement from his employer
detailing his job, hours of employment, and the necessity for the
defendant to use a motor vehicle either in his work or in travel to and
from work (if the license is sought for employment purposes);
(3) If the defendant is self-employed, to provide the information required
in subsection (2) together with a sworn and notarized statement (under
the penalties of false swearing) as to its truth;
(4) Provide the court with a written, sworn statement from the school or
educational institution which he attends, of his class schedule, courses
being undertaken, and the necessity for the defendant to use a motor
vehicle in his travel to and from school or other educational institution (if
the license is sought for educational purposes). Licenses for
educational purposes shall not include participation in sports, social,
extracurricular, fraternal, or other noneducational activities;
(5) Provide the court with a written, sworn statement from a physician, or
other medical professional licensed (but not certified) under the laws of
Kentucky, attesting to the defendant's normal hours of treatment, and the
necessity to use a motor vehicle to travel to and from the treatment (if the
license is sought for medical purposes);
(6) Provide the court with a written, sworn statement from the director of
any alcohol or substance abuse education or treatment program as to
the hours in which the defendant is expected to participate in the
program, the nature of the program, and the necessity for the defendant
to use a motor vehicle to travel to and from the program (if the license is
sought for alcohol or substance abuse education or treatment
purposes);
(7) Provide the court with a copy of any court order relating to treatment,
participation in driver improvement programs, or other terms and
conditions ordered by the court relating to the defendant which require
the defendant to use a motor vehicle in traveling to and from the
court-ordered program. The judge shall include in the order the
necessity for the use of the motor vehicle; and
(8) Provide to the court such other information as may be required by
administrative regulation of the Transportation Cabinet.
(189A.430) Permit card and window decal for hardship driving privileges
-- Requirement to carry permit -- Penalty for failure to display decal.
(1) The cabinet, upon written order of the District Court, shall deliver to
the defendant a permit card setting forth the times, places, purposes,
and other conditions limiting the defendant's use of a motor vehicle.
These terms and conditions shall be set forth in specific terms which
identify permitted activity and specify that all other activity is prohibited.
(2) The grant of hardship driving privileges shall be conditioned upon
the defendant having the permit in his possession at all times during
which he is operating, or authorized to operate, a motor vehicle.
(3) The cabinet shall issue a decal, two (2) inches by three (3) inches, to
be placed on the rear window of the vehicle to be operated by the
defendant. Failure to display the decal shall be a Class B misdemeanor.
(189A.440) Prohibition against use of vehicle other than for purpose
authorized by hardship license -- Penalty -- Penalty for false application
statement.
(1) No defendant who is permitted to have a hardship license shall
operate a motor vehicle at any time, place, or for any purpose other than
those authorized upon the face of the hardship license.
(2) Any defendant who violates the provisions of subsection (1) of this
section is guilty of a Class A misdemeanor, and shall have his license
revoked for the initial period of revocation plus an additional six (6)
months.
(3) Any defendant or any other person who knowingly assists the
defendant in making a false application statement is guilty of a Class A
misdemeanor and shall have his motor vehicle or motorcycle operator's
license revoked for six (6) months.
(189A.450) Service fee for hardship driving privileges.
All persons granted hardship driving privileges shall pay a service fee to
the Transportation Cabinet an amount not to exceed the actual cost to
the Cabinet for issuing the permit card and decal, but not to exceed two
hundred dollars ($200).
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