DUI Laws in Kentucky (DUI)

Kentucky uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th DUI within 10 years (Class D felony). Also a felony if: DUI causing serious injury (Class D felony) or death (Class C or B felony).. Below are the full details of Kentucky's DUI laws and penalties.

Last updated: 2026-03-27

Overview

Kentucky enforces a tiered DUI penalty system with a 10-year lookback period and distinguishes between standard DUI and 'aggravated' DUI (BAC of 0.15% or higher). The state is notable for its mandatory minimum jail sentences that increase significantly with each offense, its Alcohol or Substance Abuse Program (ASAP) requirement for all offenders, and its mandatory use of ignition interlock devices starting with first offenses (expanded under recent reforms). A fourth DUI within 10 years is a Class D felony carrying 1–5 years in state prison. Kentucky also requires mandatory community labor service for all DUI convictions and imposes vehicle license plate impoundment for repeat offenders.

Official term: DUI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.15% — triggers 'aggravated' DUI with doubled mandatory minimum jail sentences and enhanced penalties

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor (Class B for standard; enhanced for aggravated)	2–30 days; mandatory minimum 48 hours (4 days if aggravated BAC 0.15+). Service alternatives may be available.	$200–$500; plus mandatory $375 service fee and other court costs (total often $1,000+)	30–120 days. Must complete ASAP before reinstatement. Eligible for hardship license with IID after serving minimum suspension.	Mandatory for 6 months as condition of license reinstatement or hardship license. Must install before driving privileges are restored.
2nd Offense	Misdemeanor	7 days to 6 months; mandatory minimum 7 days (14 days if aggravated BAC 0.15+). Minimum 48 hours consecutive.	$350–$500; plus $375 service fee and court costs	12–18 months. Eligible for hardship license with IID after 1 year of suspension.	Mandatory for 12 months minimum as condition of any driving privileges
3rd Offense	Misdemeanor (enhanced)	30 days to 12 months; mandatory minimum 30 days (60 days if aggravated BAC 0.15+). Must serve minimum before probation eligible.	$500–$1,000; plus $375 service fee and court costs	24–36 months. Eligible for hardship license with IID after 2 years.	Mandatory for 30 months minimum; may be required for up to 5 years
Felony	Class D felony (4th DUI within 10 years; DUI causing serious injury). Class C felony (DUI manslaughter 2nd degree). Class B felony (DUI manslaughter 1st degree).	Class D: 1–5 years. Class C: 5–10 years. Class B: 10–20 years. Mandatory minimum 120 days for 4th DUI (240 days if aggravated).	Class D: $1,000–$10,000 plus $375 service fee. Class C/B: up to $10,000.	60 months (5 years) for 4th DUI. Longer for DUI causing death. No hardship license for at least 2 years.	Mandatory for 5 years minimum upon any reinstatement

Felony threshold: 4th DUI within 10 years (Class D felony). Also a felony if: DUI causing serious injury (Class D felony) or death (Class C or B felony).. Lookback period: 10 years — Kentucky uses a 10-year lookback period from the date of the prior offense to the date of the current offense to determine repeat offense level and applicable penalties. Offenses older than 10 years do not count for enhancement purposes but remain on the criminal record..

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	Mandatory 48 hours of community labor service	Up to 2 years (balance of jail sentence served as probation)	Mandatory enrollment in state-certified Alcohol or Substance Abuse Program (ASAP) — includes assessment, education (typically 20 hours), and any recommended treatment
2nd Offense	Mandatory 10 days (80 hours) of community labor service	Up to 2 years with conditions including treatment compliance	Mandatory ASAP enrollment; intensive treatment likely required based on assessment; 1-year treatment program common
3rd Offense	Mandatory 10 days (80 hours) of community labor service	Up to 2 years; intensive supervision with treatment	Mandatory ASAP enrollment with intensive outpatient or inpatient treatment; residential treatment may be ordered
Felony	Mandatory 10 days (80 hours) of community labor service for 4th DUI	Up to 5 years (Class D) felony supervision upon release	Mandatory ASAP enrollment and long-term treatment program; inpatient likely required

Implied Consent Law

Under KRS §189A.103, Kentucky's implied consent law provides that any person who operates or is in physical control of a motor vehicle in Kentucky consents to testing of blood, breath, or urine for alcohol or drugs when an officer has reasonable grounds to believe the driver is under the influence. The officer must inform the driver of the consequences of refusal.

Refusal penalties: Refusal penalties vary by offense: First refusal — mandatory 30–120 day additional license suspension enhancement plus case can still be prosecuted based on other evidence. Second refusal — 12–18 month additional suspension. Third refusal — 24–36 month additional suspension. Fourth refusal — 60-month additional suspension. Refusal is admissible as evidence of impairment at trial.

Aggravating Factors

Factor	Impact
BAC of 0.15% or higher (Aggravated DUI)	Mandatory minimum jail time is doubled at every offense level; enhanced license suspension; longer IID requirements
Passenger under 12 years old	Separate charge of wanton endangerment (Class D felony); additional 48 hours to 30 days jail and $200–$500 fine; mandatory child abuse investigation
Excessive speed (30+ mph over limit)	Enhanced penalties at sentencing; aggravating factor that may increase jail time within the statutory range
Causing an accident resulting in injury or death	Elevated to felony DUI — Class D felony for serious injury; Class C/B felony for manslaughter; mandatory prison time
Driving on a DUI-suspended license	Additional criminal charge; mandatory jail time; vehicle impoundment and license plate seizure
Refusal of chemical testing	Enhanced license suspension (doubled at each offense level); refusal used as evidence; potential forced blood draw with warrant

DUI with Injury

Classification: Felony — Class D (serious injury), Class C (manslaughter 2nd degree), or Class B (manslaughter 1st degree)

DUI causing serious physical injury: Class D felony, 1–5 years in prison, $1,000–$10,000 in fines. DUI manslaughter in the 2nd degree (death caused by DUI wanton conduct): Class C felony, 5–10 years. DUI manslaughter in the 1st degree (death while DUI under extreme circumstances): Class B felony, 10–20 years. All carry permanent license revocation and mandatory restitution.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with BAC of 0.02% to 0.079% face a 30-day license suspension for a first violation and a 6-month suspension for a second violation. The driver must complete an alcohol education course. If BAC reaches 0.08%, full adult DUI penalties apply. Kentucky also imposes separate penalties for underage alcohol possession/consumption.

Diversion Programs

Program: DUI Pretrial Diversion / DUI Court Programs

Kentucky allows pretrial diversion for certain first-time DUI offenders under KRS §533.250 (general diversion statute). The defendant agrees to conditions including ASAP completion, community service, alcohol monitoring, and a supervision period. If completed, charges may be dismissed. Kentucky also operates DUI Courts in several counties that provide intensive supervision and treatment as an alternative to incarceration for repeat offenders.

Eligibility: Pretrial diversion is available only for first-time DUI offenders at the prosecutor's discretion and typically requires no aggravating factors (BAC under 0.15%, no accident, no minors). DUI Court programs for repeat offenders vary by county but generally require a substance abuse diagnosis and willingness to participate in 18–24 months of programming. Not available in all counties.

How Long a DUI Stays on Your Record

A DUI conviction in Kentucky stays on your criminal record permanently. Kentucky allows expungement of certain misdemeanor DUI convictions after 5 years under KRS §431.079, but only if you have no other convictions during that period and meet specific requirements. Felony DUI convictions are not eligible for expungement. The 10-year lookback applies for sentencing — offenses older than 10 years don't enhance penalties. Your driving record with the Kentucky Transportation Cabinet retains DUI information permanently.

Key Statutes

KRS §189A.010: Driving under the influence — main DUI statute defining offenses, BAC limits, and criminal penalties for all offense levels
KRS §189A.103: Implied consent to chemical testing — requirements, procedures, and refusal consequences
KRS §189A.070: Alcohol or substance abuse program (ASAP) — mandatory assessment, education, and treatment requirements for all DUI offenders
KRS §189A.340: Ignition interlock device provisions — installation requirements, compliance standards, and restricted license conditions
KRS §189A.090: Administrative license suspension — procedures for automatic suspension and reinstatement requirements

Frequently Asked Questions

Is a DUI a felony in Kentucky?

A DUI becomes a Class D felony in Kentucky on the 4th offense within a 10-year lookback period, carrying 1–5 years in prison and $1,000–$10,000 in fines. First, second, and third DUIs are misdemeanors with increasingly severe mandatory minimums. DUI causing serious injury is a Class D felony, and DUI manslaughter ranges from Class C to Class B felony.

What happens when you get your first DUI in Kentucky?

A first DUI carries mandatory minimum 48 hours in jail (4 days if BAC 0.15+), $200–$500 in fines plus $375 service fee, 30–120 day license suspension, mandatory 6-month IID installation, 48 hours community labor, enrollment in ASAP, and up to 2 years probation. You may be eligible for a hardship license with IID.

What is the aggravated DUI penalty in Kentucky?

An 'aggravated' DUI in Kentucky occurs when BAC is 0.15% or higher. The mandatory minimum jail sentence is doubled at every offense level: 1st offense goes from 48 hours to 4 days, 2nd from 7 to 14 days, 3rd from 30 to 60 days, and 4th from 120 to 240 days. License suspension periods and IID requirements are also enhanced.

How long does a DUI stay on your record in Kentucky?

A DUI conviction stays on your Kentucky criminal record permanently. Misdemeanor DUI may be eligible for expungement after 5 years under KRS §431.079 if you meet specific criteria. Felony DUI cannot be expunged. For sentencing purposes, Kentucky uses a 10-year lookback — only offenses within 10 years count for enhancement.

What is the ASAP requirement for DUI in Kentucky?

ASAP (Alcohol or Substance Abuse Program) is mandatory for all DUI offenders in Kentucky. It includes a professional substance abuse assessment, followed by the recommended level of education (typically 20 hours for first offenders) or treatment program. ASAP must be completed before your license can be reinstated. The program costs $300–$500+ depending on the level of treatment needed.

Can you get a hardship license after a DUI in Kentucky?

Yes. Kentucky offers hardship licenses for DUI offenders who demonstrate a need to drive for employment, education, or medical purposes. You must install an IID on your vehicle and maintain SR-22 insurance. For a first offense, you may be eligible immediately after paying reinstatement fees. For second and subsequent offenses, there are waiting periods before hardship eligibility.

Can you refuse a breathalyzer in Kentucky?

You can refuse, but Kentucky imposes enhanced license suspension for refusal — the suspension period at each offense level is applied as an additional penalty on top of the DUI suspension. Refusal is also admissible as evidence of intoxication at trial. Law enforcement may obtain a warrant for a forced blood draw if you refuse.

How much does a DUI cost in Kentucky?

A first DUI in Kentucky typically costs $5,000–$12,000+ total including fines ($200–$500), service fee ($375), court costs ($150–$300), ASAP evaluation and treatment ($300–$2,000+), IID installation and monitoring ($75–$150/month for 6 months), license reinstatement ($40+), SR-22 insurance ($1,500–$3,000 annually for 3 years), and attorney fees ($2,000–$6,000+).

Related Guide

DUI license recovery in Kentucky→

Step-by-step guide to getting your license back after a DUI in Kentucky — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

Kentucky Transportation Cabinet — DUI Information
Official Kentucky resource for DUI license suspension, reinstatement requirements, IID program, and hardship license information
Kentucky Revised Statutes Chapter 189A — Driving Under the Influence
Full text of Kentucky's DUI statutes including offense definitions, penalties, implied consent, and IID provisions
Kentucky Court of Justice — DUI Court Programs
Information on Kentucky's DUI Court and other specialty court programs as alternatives to incarceration
Kentucky Bar Association — Lawyer Locator
Find a qualified DUI defense attorney through the Kentucky Bar Association's official directory

DUI license recovery in Kentucky →

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Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Kentucky's statutes or consult a qualified DUI attorney in Kentucky.

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