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.
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Overview
Kentucky enforces a tiered DUI penalty system with a 10-year lookback period and lists six aggravating circumstances (KRS 189A.010(11); BAC of 0.15% or higher among them) that double the mandatory minimum jail time at every offense level. 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 for its ignition interlock license: for an alcohol-related DUI it is the only restricted license available during a suspension, it can be applied for at any time, and keeping it violation-free shortens the suspension (KRS 189A.070, 189A.340). A fourth DUI within 10 years is a Class D felony carrying 1–5 years in state prison. Community labor is available in lieu of fine or imprisonment for a first offense and in addition to fine and imprisonment for second and third offenses, and a license plate may be impounded if no interlock or hardship license is issued.
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% — one of six statutory aggravating circumstances (KRS 189A.010(11)); any aggravator doubles the mandatory minimum jail term at every offense level (4 days for a 1st offense, 14 for a 2nd, 60 for a 3rd, 240 for a felony 4th) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor (no sub-classification; aggravating circumstances raise only the mandatory minimum, not the classification) | 2–30 days; mandatory minimum 48 hours (4 days if any aggravating circumstance applies, e.g. BAC 0.15+). Community labor of 48 hours to 30 days may be served in lieu of fine or imprisonment (KRS 189A.010(5)(a)). | $200–$500; plus mandatory $375 service fee and other court costs (total often $1,000+) | 6 months, reduced to 4 months for a driver issued an ignition interlock license who meets the 90-consecutive-day violation-free IID requirement within the first 4 months (KRS 189A.070(1)(a)2). ASAP completion is required before reinstatement. | Not mandatory as a standalone sentence, but an ignition interlock license — the only restricted license available for an alcohol-related DUI — can be applied for at any time after the suspension starts (KRS 189A.340(2)(a)). Meeting the 90-consecutive-day violation-free requirement cuts a first-offense suspension from 6 months to 4 months. Provider fees are capped at $100/month with sliding-scale discounts for low income (KRS 189A.340(7)). |
| 2nd Offense | Misdemeanor | 7 days to 6 months; mandatory minimum 7 days (14 days if any aggravating circumstance applies), with at least 48 hours of the mandatory sentence served consecutively (KRS 189A.010(8)(c)). The court may also sentence 10 days to 6 months of community labor in addition to fine and imprisonment. | $350–$500; plus $375 service fee and court costs | 18 months, reduced to 12 months for a driver issued an ignition interlock license who meets the 120-consecutive-day violation-free IID requirement within the first 12 months (KRS 189A.070(1)(a)2.b). | An ignition interlock license is the only restricted license available for an alcohol-related DUI and can be applied for at any time; meeting the 120-consecutive-day violation-free requirement within the first 12 months shortens the suspension from 18 to 12 months (KRS 189A.340, 189A.070) |
| 3rd Offense | Misdemeanor | 30 days to 12 months; mandatory minimum 30 days (60 days if any aggravating circumstance applies). The minimum sentence cannot be suspended, probated, or conditionally discharged (KRS 189A.010(8)(a)); community labor of 30 days to 12 months may be added. | $500–$1,000; plus $375 service fee and court costs | 36 months, reduced to 18 months for a driver issued an ignition interlock license who meets the 120-consecutive-day violation-free IID requirement within the first 18 months (KRS 189A.070(1)(a)2.c). | An ignition interlock license is the only restricted license available for an alcohol-related DUI; meeting the 120-consecutive-day violation-free requirement within the first 18 months shortens the suspension from 36 to 18 months (KRS 189A.340, 189A.070) |
| 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, unsuspendable (KRS 189A.010(8)(b)); 240 days if any aggravating circumstance applies. | Class D: $1,000–$10,000 plus $375 service fee. Class C/B: up to $10,000. | 60 months, reduced to 30 months for a driver issued an ignition interlock license who meets the 120-consecutive-day violation-free IID requirement within the first 30 months (KRS 189A.070(1)(a)2.d). Longer for DUI causing death. A hardship license (KRS 189A.410) is available only for impairment-by-substance convictions (KRS 189A.010(1)(c) or (d)); for alcohol offenses the interlock license is the only option (KRS 189A.340(1)). | An ignition interlock license can be applied for at any time; meeting the 120-consecutive-day violation-free requirement within the first 30 months shortens the suspension from 60 to 30 months (KRS 189A.340, 189A.070) |
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 | Community labor of 48 hours to 30 days may be served in lieu of fine or imprisonment (KRS 189A.010(5)(a)) | 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 | 10 days to 6 months of community labor may be sentenced in addition to fine and imprisonment (KRS 189A.010(5)(b)) | 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 | 30 days to 12 months of community labor may be sentenced in addition to fine and imprisonment (KRS 189A.010(5)(c)) | Up to 2 years; intensive supervision with treatment | Mandatory ASAP enrollment with intensive outpatient or inpatient treatment; residential treatment may be ordered |
| Felony | The fourth-offense felony provision does not specify community labor; it is available at lower offense levels (KRS 189A.010(5)(a)-(c)) | 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: Refusing does not by itself trigger an automatic roadside suspension, but if the DUI case ends without a conviction the court must hold a hearing, and if the refusal is found by clear and convincing evidence the license is suspended for the period a conviction at that offense level would have carried (6, 18, 36, or 60 months without an interlock license — KRS 189A.107(2), 189A.070(1)); the court may authorize an ignition interlock license for that period. Refusal is also a statutory aggravating circumstance on a second or subsequent offense — but not on a first offense — doubling the mandatory minimum jail term (KRS 189A.010(11)(e)). The case can still be prosecuted on officer observations and other evidence.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | KRS 189A.010(11)(d) aggravating circumstance: the mandatory minimum jail term doubles at every offense level (4/14/60/240 days). It does not change the license suspension length. |
| Speeding 30+ mph over the limit | KRS 189A.010(11)(a) aggravating circumstance: doubles the mandatory minimum jail term at every offense level |
| Driving the wrong direction on a limited access highway | KRS 189A.010(11)(b) aggravating circumstance: doubles the mandatory minimum jail term at every offense level |
| Causing an accident resulting in death or serious physical injury | KRS 189A.010(11)(c) aggravating circumstance: doubles the mandatory minimum jail term; injury or death cases are also prosecuted as separate felony offenses under Kentucky's assault and homicide statutes |
| Refusing to submit to a blood, breath, or urine test | KRS 189A.010(11)(e) aggravating circumstance on second and subsequent offenses only (not a first offense): doubles the mandatory minimum jail term; a separate license suspension can follow under KRS 189A.107 |
| Transporting a passenger under 12 years old | KRS 189A.010(11)(f) aggravating circumstance: doubles the mandatory minimum jail term at every offense level |
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
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?
What happens when you get your first DUI in Kentucky?
What is the aggravated DUI penalty in Kentucky?
How long does a DUI stay on your record in Kentucky?
What is the ASAP requirement for DUI in Kentucky?
Can you get a hardship license after a DUI in Kentucky?
Can you refuse a breathalyzer in Kentucky?
How much does a DUI cost in Kentucky?
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
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