DUI Laws In Kentucky
1. First DUI within 10 years:
$200 to $500 fine and/or 48 hours to 30 days jail; (If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of 4 days imprisonment.) court costs; DUI service fee; treatment program fee; county Fees; state fees; DUI classes for up to 6 months; driver’s license suspension for a period no longer than 6 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under 189A.010(1)(c) or (d). License plate may be impounded if ignition interlock license or hardship license is not issued.
2. Second DUI within 10 years:
$350 to $500 fine and 7 days to 6 months jail (Must serve minimum of jail and/or community labor. If aggravating circumstance is present, mandatory minimum term of imprisonment shall be 14 days.); court costs; DUI service fee; treatment program fee; county fees; state fees; 1 year alcohol or substance abuse treatment program or classes; driver’s license suspension for a period no longer than 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under KRS 189A.010(1)(c) or (d). License plate may be impounded if ignition interlock license or hardship license is not issued.
3. Third DUI within 10 years:
$500 to $1000 fine and 30 days to 12 months jail and court may order 10 days to 12 months community labor (Must serve minimum of jail and/or community labor. If aggravating circumstance is present, mandatory minimum term of imprisonment shall be 60 days); court costs; DUI service fee; treatment program fee; county fees; state fees; 1 year alcohol or substance abuse treatment program or classes; driver’s license suspension for a period no longer than 36 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under KRS 189A.010(1)(c) or (d). License plate may be impounded if ignition interlock license or hardship license is not issued.
4. Fourth or subsequent DUI within 10 years:
1 to 5 years in prison (Class D Felony) (Must serve 120 days. If aggravating circumstance is present, mandatory minimum term of imprisonment shall be 240 days); court costs; DUI service fee; treatment program fee; county fees; state fees; 1 year alcohol or substance abuse treatment program or classes; driver’s license suspension for a period no longer than 60 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under KRS 189A.010(1)(c) or (d). License plate may be impounded if ignition interlock license or hardship license is not issued.
Criminal Defense
Aggravating Factors In Kentucky DUIs
- Driving with a blood alcohol concentration of .15 or higher
- Refusing to take a blood, breath or urine test
- Transporting a child under 12 years old
- Causing an accident resulting in death or a serious injury
- Driving more than 30 miles per hour above the speed limit or driving in the wrong direction on a limited access highway
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