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Kentucky DUI Laws

Kentucky DUI laws. Drunk driving in the state of Kentucky.

Kentucky DUI Laws


Kentucky places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit within two hours of operating a motorized vehicle, you will be arrested on a DUI. In Kentucky, a DUI will result in jail time. If your arrest includes speeding, an injury or a death, aggravating circumstances will be attached to the DUI and your penalties will be increased. Penalties will also be increased for persons who have a child less than 12 years of age in the vehicle with them at the time. All DUI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment and the possibility of community service attached to the charge. Kentucky DUI laws are strictly adhered to and the penalties and fines are increased for repeat offenders. A four time offender in the state of Kentucky will be charged with a felony conviction which will remain on the record for the rest of your life. These rules apply to other substances such as drugs and inhalants.

Kentucky’s implied consent law will result in the loss of your driver’s license for 6 months to 1 year if your refuse to take a blood alcohol, breath or urine test. The second refusal will result in the loss of your driver’s license for 12 to 18 months and the third refusal will result in a 24 to 36 month suspension. Accepting your Kentucky driver’s license and operating a motorized vehicle on Kentucky roads is your acceptance of taking a chemical test if stopped for impaired driving. The DMV may take the vehicle of a repeat offender for a set time period or they may take your vehicle permanently when you are arrested and convicted of DUI. You will have to pay fines and administrative fees to get the vehicle back. You may also be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

The BAC for Kentucky is .08% or higher. A BAC of .15% or higher is considered extreme DUI. Kentucky has a zero tolerance law in place for under age drinkers. This includes anyone under 21. Under age drinkers caught driving with a BAC of more than 0.00% will be charged with a DUI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Your fourth arrest for DUI becomes a felony. The penalties for a DUI will depend upon the circumstances of the arrest.

Penalties


Your first offense will result in 2days to 30 days of jail time and a fine of $200.00 to $500.00. If it is an aggravated DUI you will have 4 days of mandatory jail time to serve. Your license will be suspended for 30 to 120 days. Ninety days of Alcohol or Drug Treatment Programs and 48 hours to 30 days of community service will also be attached to your DUI conviction.

Your second offense will result in 7 days to 6 months of jail time, or 14 days for aggravated DUI as well as $350.00 to $500.00 in fines. Your license will be suspended for 12 to 18 months. The Alcohol or Drug Treatment time will be increased to 1 year and the community labor will last for 10 days to 6 months.
Your third offense will result in 30 days to 12 months of jail time, or 60 days for aggravated DUI as well as $500.00 to $1,000.00 in fines. Your license will be suspended for 24 to 36 months. The Alcohol or Drug Treatment time will be increased to 1 year and the community labor will last for 10 days to 12 months.

Your third offense is considered a felony offense and will result in a minimum of 120 days of jail time, or 240 days for aggravated DUI as well as $500.00 to $1,000.00 in fines. Your license will be suspended for 60 months or five years.

Things which will determine your sentencing in an aggravated DUI are speeding at 30 miles per hour over the speed limit, driving the wrong way on a one way or limited access road, causing an accident with injuries or deaths, your BAC is .18% or higher, refusing the DUI test, or having a passenger under the age of 12 in the vehicle with you.