Traffic Violations

Consequences of DUI Offenses in Kentucky

3 min read

Driving under the influence (DUI) in Kentucky carries serious legal consequences that escalate with each subsequent offense. Understanding these penalties is crucial for all drivers to make informed decisions and avoid the severe repercussions of impaired driving.

First Offense DUI

A first-time DUI offense in Kentucky is considered a misdemeanor and may result in:

Fines: $200 to $500, plus additional service fees.
Jail Time: 48 hours to 30 days; community service may be substituted in some cases.
License Suspension: 30 to 120 days.
Alcohol or Substance Abuse Program: Mandatory participation for 90 days.
Ignition Interlock Device (IID): Optional; participation in the Kentucky Ignition Interlock Program (KIIP) can reduce the suspension period to as little as four months.

Aggravating factors, such as a blood alcohol concentration (BAC) of 0.15% or higher, refusal to submit to testing, or transporting a child under 12, can lead to mandatory minimum jail sentences and longer license suspensions.

Second Offense DUI

A second DUI offense within a 10-year period is also a misdemeanor, with increased penalties:

Fines: $350 to $500.
Jail Time: 7 days to 6 months.
License Suspension: 12 to 18 months.
Alcohol or Substance Abuse Program: Mandatory participation for one year.
Community Service: 10 days to 6 months.
IID: Required for 12 months; participation in KIIP can reduce suspension to 12 months.

Aggravating factors can result in a mandatory minimum jail sentence of 14 days, which cannot be suspended or probated.

Third Offense DUI

A third DUI offense within 10 years significantly increases penalties:

Fines: $500 to $1,000.
Jail Time: 30 days to 12 months.
License Suspension: 24 to 36 months.
Alcohol or Substance Abuse Program: Mandatory participation for one year.
Community Service: 10 days to 12 months.
IID: Required for 30 months; participation in KIIP can reduce suspension to 19 months.

Legislation is under consideration to reclassify a third offense as a Class D felony, which would carry a prison sentence of 1 to 5 years.

Fourth and Subsequent Offenses

A fourth or subsequent DUI offense within 10 years is classified as a Class D felony:

Fines: Up to $10,000.
Prison Time: 1 to 5 years.
License Suspension: 60 months with no hardship license option.
Alcohol or Substance Abuse Program: Mandatory participation.
IID: Required for 30 months.

Aggravating factors can lead to a mandatory minimum jail sentence of 240 days, which cannot be suspended or probated.

Commercial Drivers

Commercial driver's license (CDL) holders face stricter penalties:

First Offense: One-year CDL suspension.
Second Offense: Permanent loss of CDL privileges.

These penalties apply regardless of whether the DUI occurred in a commercial or personal vehicle.

Underage DUI

Drivers under 21 with a BAC of 0.02% or higher face:

License Suspension: 30 days to 6 months.
Fines: $100 to $500 or 20 hours of community service.
Alcohol or Substance Abuse Program: Mandatory participation.

If the BAC is 0.08% or higher, standard adult DUI penalties apply.

Additional Resources

For more information on related topics, consider the following resources:

For official information, refer to the Kentucky Transportation Cabinet's DUI page.