In Kentucky, driving under the influence (DUI) laws are in place to ensure everyone’s safety on the road. It’s important for anyone who plans to operate a motor vehicle to understand the law. A DUI occurs when someone operates or tries to control a vehicle while having too much alcohol or substances in their system.
If a driver’s blood alcohol concentration (BAC) is .08 or higher, they’re considered too impaired to drive. This is known as a per se violation. It doesn’t matter if the driver doesn’t seem, act, or feel impaired – having this BAC level is enough for a DUI conviction.
A person shall not operate or be in physical control of a motor vehicle anywhere in this state: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person’s breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
The law also covers other impairments. if a person is under the influence of any drugs or a mix of substances that negatively impact their driving skills, that can be charged as a DUI too – even if their BAC is under .08.
(b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one’s driving ability;
For those under 21, the rules are even stricter, with a BAC limit of just .02.
Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one…prohibited
Understanding the penalties is just as important. In the case that injuries are caused by a drunk driving accident, car accident attorneys in Louisville can represent victims and help protect your legal rights.
Penalties of a DUI in Kentucky
Driving under the influence in Kentucky carries penalties that depend on various circumstances, including prior violations, the driver’s blood alcohol concentration (BAC), and any aggravating factors. Here’s a breakdown of the potential consequences for those convicted with a DUI:
First Offense
If it’s your first DUI offense within a 10-year period, you may face fines between $200 and $500 and possible jail time from 48 hours to 30 days. However, if aggravating circumstances are involved, the minimum jail time increases to 4 days.
For the first offense within a ten (10) year period, be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating circumstances listed in subsection (11) of this section are present while the person was operating or in physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release…
Second Offense
A second DUI offense comes with stricter penalties. Fines can range from $350 to $500, and jail time can last from 7 days to 6 months. If aggravating factors are present, the mandatory jail term increases to 14 days.
For the second offense within a ten (10) year period, be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release
Third Offense
For a third offense, fines escalate to between $500 and $1,000, with the potential for 30 days to 12 months of incarceration. In cases of aggravating circumstances, the jail sentence jumps to a minimum of 60 days.
For a third offense within a ten (10) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than thirty (30) days nor more than twelve (12) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be sixty (60) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release
Fourth or Subsequent Offenses
A fourth DUI within 10 years is considered a Class D felony, with a minimum mandatory imprisonment of 240 days if aggravating factors exist.
For a fourth or subsequent offense within a ten (10) year period, be guilty of a Class D felony. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be two hundred forty (240) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of release;
Aggravating Circumstances
Certain behaviors, known as aggravating circumstances, can worsen the penalties. In Kentucky, this includes the following:
- Driving more than 30 mph above the limit
- Driving the wrong way on a highway
- Causing severe accidents
- Having a BAC of 0.15 or higher
- Refusing BAC tests
- Driving with a minor under 12
If any of these situations are present, the penalties will be increased.
License Suspension and Treatment Requirements
A DUI conviction results in a license suspension and mandatory treatment program:
- First Offense: 6-month suspension; 90-day treatment
- Second Offense: 18-month suspension; 1-year treatment
- Third Offense: 36-month suspension; 1-year treatment
- Fourth or Subsequent Offenses: 60-month suspension; 1-year treatment
Participants in the Kentucky Ignition Interlock Program may reduce their suspension period by having a device installed in their vehicle that measures BAC before starting the car.
Potential Civil Liabilities After a DUI Accident
If you face a DUI charge as a result of being involved in an accident, you could also find yourself in civil court. This happens when someone sues you for damages resulting from an accident you caused while driving under the influence. If you’re found responsible for the accident, you might have to pay for things like medical bills, car repairs, or even compensation for pain and suffering. These lawsuits can add a significant financial and emotional burden on top of the criminal penalties.
If you have any questions about DUI penalties in Kentucky, doesn’t hesitate to reach out to a Louisville personal injury lawyer today to schedule a free consultation.