Kentucky DUI Laws (2024) Guide

Kentucky DUI laws prohibit drivers from operating or being in physical control of a motor vehicle anywhere in the state if any of the following are true:

• They have a BAC of .08 or higher
• They are under the influence of alcohol
• They are under the influence of any other substances or combinations of substances that impair their driving abilities
• They have a controlled substance detectable in their blood
• They’re under 21 and have a BAC of .02 or higher.

When you’re arrested for driving while impaired, Kentucky DUI laws require you to submit to a BAC test. So-called implied consent laws mandate you undergo this testing when you’re arrested with probable cause of impairment because you implicitly agreed to do this when driving on the state’s roads.

If you refuse a BAC test, your license is suspended automatically. Automatic license suspension—called pretrial suspension of license—occurs not only if you refuse to take a BAC test, but also if you are a repeat DUI offender, if you had your license suspended previously in the past 10 years for refusing to take a BAC test or if you cause an accident that kills or seriously hurts someone. You have the option to file a motion for a judicial review of suspension, which will occur within 30 days.

If you are subject to pretrial suspension, it remains in effect until you are acquitted, until your charges are dismissed or until you are convicted and your license has been suspended pursuant to your conviction.

A prosecutor will likely bring criminal charges against you after your arrest, and if you are convicted, a variety of penalties can be imposed including fines, possible jail time and the suspension of your right to drive.

Penalties for drunk driving under Kentucky DUI laws vary depending whether you have had any prior offenses.

Here’s what you can expect if you are found guilty of impaired driving. These penalties are applied only if you get a criminal conviction, which means a prosecutor proved beyond a reasonable doubt that you were violating the state’s drunk driving laws.

Fourth and subsequent DUI violations within 10 years will result in Class D felony charges, with a mandatory minimum of 240 days imprisonment if aggravating circumstances are present.

After sentencing first, second and third offenders can apply for community labor in place of a fine or imprisonment.

Aggravating circumstances can include the following behaviors:

• Traveling more than 30 mph above the speed limit
• Driving in the wrong direction on a limited access highway
• Causing an accident that serious injures or kills someone
• Driving with a BAC of 0.15 or higher
• Refusing to submit to a BAC or chemical test
• Driving with a passenger under age 12

You will also have your license suspended for a period of time and be required to complete alcohol or substance abuse treatment as follows:.

• First offense: 6 month license suspension; 90 day treatment program
• Second offense: 18 month license suspension; 1 year treatment program
• Third offense: 36 month license suspension; 1 year treatment program
• Fourth or subsequent offense: 60 month license suspension; 1 year treatment program

You can reduce the length of time your license is suspended if you participate in the Kentucky Ignition Interlock Program. This involves having a device installed in your vehicle, at your expense, that measures your BAC before you can drive.

Prosecutors will press charges under Kentucky DUI laws unless there is a reason the case cannot move forward.

For example, if police violated your rights when they stopped your vehicle or collected evidence, you could argue this evidence should be inadmissible in court. If the judge agrees and suppresses the evidence, charges may be dropped due to insufficient probable cause to move forward with a case against you.

There are also other ways to potentially reduce or avoid the most serious DUI penalties even when charges cannot be dropped. You could participate in a DUI First Offenders Diversion Program if you’re eligible, or negotiate a plea deal with a prosecutor to plead guilty to less serious charges such as reckless driving charges.

If your case does proceed to court, you have the right to defend yourself and will be convicted only if the prosecutor meets the burden of proving guilt beyond a reasonable doubt.

A Kentucky DUI lawyer can advocate for you immediately following your DUI arrest. Your attorney can help you to make informed decisions throughout your involvement with the criminal justice system in order to protect your rights and reduce potential consequences arising from your arrest. Contact an attorney ASAP to get this invaluable help.