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A DUI conviction can lead to serious consequences including jail time, loss of license, and difficulty finding employment. We regularly represent clients who are facing DUI charges throughout Northern Kentucky, including Kenton County, Campbell County, Boone County, and surrounding areas.


Kentucky DUI Defense Lawyers

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What are the laws in Kentucky for DUI or driving under the influence?

KRS 189A.010 is Kentucky’s DUI statute. It is illegal in Kentucky to operate or be in physical control of a motor vehicle:

(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;

(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;

(d) While the presence of a controlled substance listed in KRS 189A.010(12) is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

(e) While under the combined influence of alcohol and any other substance which impairs one’s driving ability; or

(f) Having an alcohol concentration of 0.02 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, if the person is under the age of twenty-one (21).



What are the penalties for driving under the influence (DUI) in Kentucky?

The penalties for a conviction of driving under the influence of alcohol or other substances that impair driving ability in Kentucky are governed by KRS 189A.010(5):


First DUI Within 10 Years:

$200.00 - $500.00 fine and/or 48 hours to 30 days in jail. Community service of 48 hours to 30 days may be substituted for fine or jail.

Mandatory minimum of 4 days in jail if aggravating circumstance is present (see below)

Court costs

DUI service fee

Treatment program fee

County fees/State fees

Alcohol or substance abuse treatment program – 90 days

License suspension of 30-120 days (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer)

May apply for a hardship license after minimum suspension period expires. If aggravated offense, mandatory ignition interlock license/device for a period of 6 months.


Second DUI Within 10 Years:

$350.00 - $500.00 fine and 7 days to 6 months in jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor.

Mandatory minimum of 14 days in jail if aggravating circumstance is present (see below)

Court costs

DUI service fee

Treatment program fee

County fees/State fees

Alcohol or substance abuse treatment program – 1 year

License suspension of 12 – 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer)

Mandatory ignition interlock license/device for a period of 12 months. License plate impoundment if ignition interlock license requirements are not met.


Third DUI Within 10 Years:

$500.00 - $1000.00 fine and 30 days to 12 months in jail. Court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor.

Mandatory minimum of 60 days in jail if aggravating circumstance is present (see below)

Court costs

DUI service fee

Treatment program fee

County / State Fees

Alcohol or substance abuse treatment program – 1 year

License suspension of 24 – 36 months

Mandatory ignition interlock license/device for a period of 30 months. License plate impoundment if ignition interlock license requirements are not met.


Fourth or Subsequent DUI Within 10 Years:

Class D Felony – 1 to 5 years in prison. Must serve 120 days.

Mandatory minimum of 240 days in jail if aggravating circumstance is present (see below)

Court costs

DUI service fee

Treatment program fee

County / State fees

Alcohol or substance abuse treatment program – 1 year

License suspension of 5 years. No hardship license.

Mandatory ignition interlock license/device for a period of 30 months. License plate impoundment if ignition interlock license requirements are not met.


Aggravating Circumstances

Operating motor vehicle in excess of 30 miles per hour above the speed limit

Operating motor vehicle in wrong direction on limited access highway

Operating motor vehicle that causes accident resulting in death or serious physical injury

Operating motor vehicle while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of the motor vehicle

Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)

Operating motor vehicle that is transporting a passenger under 12 years of age




KENTUCKY: Boone County | Bracken County | Campbell County | Carroll County | Gallatin County | Kenton County | Mason County | Pendleton County | Owen County | Oldham County | Jefferson County | Scott County

OHIO: Adams County | Brown County | Butler County | Clermont County | Dearborn County | Hamilton County | Highland County | Montgomery County | Warren County


Contact Us

Russell & Ireland Law Group, LLC
726 Greenup Street
Covington, KY 41011
(859) 581-0800
(859) 757-2466 Fax

  • Covington, KY | Latonia, KY
  • Newport, KY | Bellevue, KY
  • Florence, KY | Hebron, KY
  • Ft. Mitchell, KY | Erlanger, KY
  • Fairfield, OH | Hamilton, OH

Contact Us

Russell & Ireland Law Group, LLC
726 Greenup Street
Covington, KY 41011
(859) 581-0800
(859) 757-2466 Fax