Kentucky DUI Laws: Guide to Drunk Driving Charges and Penalties
Kentucky lawmakers are toughening the state’s DUI laws to combat a spike in deadly drunk driving accidents. Kentucky saw one of the largest increases in DUI fatalities in the nation, with DUI-related deaths jumping 12.5% even as the national trend moved downward. New laws increase the penalties for drivers with multiple DUI offenses, including potential prison time. This guide breaks down key steps in Kentucky’s DUI enforcement and explains what drivers need to know to earn back driving privileges if convicted of a drunk driving charge.
Getting Started
If you’re arrested for DUI in Kentucky, you need to understand the legal and administrative processes involved. You face both administrative penalties through the Kentucky Transportation Cabinet and criminal charges through the court system. Understanding all aspects of Kentucky’s DUI laws will help you navigate the state’s legal process and work toward license reinstatement.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Kentucky’s legal term for driving under the influence of alcohol, controlled substances, or other intoxicating substances.
IID (Ignition Interlock Device)
A breathalyzer in a vehicle that stops it from starting if it detects alcohol over a set concentration limit on your breath.
Kentucky Transportation Cabinet
The Kentucky Transportation Cabinet’s Division of Driver Licensing handles administrative aspects of DUI cases, including license suspensions, ignition interlock permits, and hardship licenses. It oversees the Kentucky Ignition Interlock Program (KIIP) which monitors compliance for drivers required to use ignition interlock devices.
Steps to Take After DUI Arrest in Kentucky
- Hire an Attorney
A DUI attorney can help navigate both administrative and criminal proceedings, potentially reducing penalties or challenging evidence.
- Address License Suspension
Your license will be suspended immediately upon arrest if you fail or refuse a chemical test. First-time offenses face up to 6 months suspension, while drivers with repeat convictions face longer periods.
- Request an Administrative Hearing
You have the right to challenge your license suspension by requesting a hearing within 20 days of your arrest.
- Apply for a Hardship License
If eligible, you may apply for a hardship license that allows limited driving for essential activities like work, school, or medical appointments.
- Install an Ignition Interlock Device
For certain offenses, particularly repeat offenses or those with aggravating factors, an interlock must be installed to regain any driving privileges.
Explore IIDs - Complete Substance Abuse Assessment
All drivers convicted of a DUI must undergo a comprehensive substance abuse assessment and comply with recommended treatment programs.
- Pay Fines and Fees
Expect to pay court fines, plus court costs, license reinstatement fees, and program fees.
- Attend DUI Education Program
Kentucky requires completion of a state-approved alcohol/substance abuse education or treatment program.
- Serve Jail Time if Required
Even first-time offenses may face mandatory jail time, especially with aggravating circumstances.
- Complete Probation Requirements
Terms may include regular check-ins, random testing, and abstaining from alcohol or drugs.
DUI Laws in Kentucky
What Are the Legal Driving Alcohol Limits in Kentucky?
In Kentucky, it’s illegal to operate a motor vehicle while under the influence of alcohol, controlled substances, or other intoxicants. The law sets specific blood alcohol concentration (BAC) limits depending on your age and license type.
| Driver Category | Illegal BAC Limit |
| 21 and over | 0.08% or higher |
| Commercial Drivers (CDL) | 0.04% or higher |
| Under 21 | 0.02% or higher |
Felony vs Misdemeanor DUI Charges
In Kentucky, DUI offenses are classified as either misdemeanors or felonies based primarily on the number of prior offenses:
- Misdemeanor DUI: First, second, and third DUI offenses within a 10-year period are classified as misdemeanors, though penalties increase with each offense.
- Felony DUI: A fourth or subsequent offense within a 10-year lookback period is charged as a Class D felony, punishable by 1-5 years in prison, fines of $1,000-$10,000, and license suspension for 60 months.
What Are Drunk Driving Diversion Programs in Kentucky?
Kentucky offers limited diversion options for first-time DUI offenses without aggravating circumstances. Some counties have pretrial diversion programs that allow eligible drivers to complete education, community service, and substance abuse treatment in exchange for reduced charges. However, these programs are not available in all jurisdictions, and eligibility is determined on a case-by-case basis by prosecutors and judges.
Refusing a Chemical Test Under Kentucky DUI Law
Kentucky enforces an implied consent law. By driving on Kentucky roads, you implicitly agree to chemical testing if suspected of DUI. Refusing a breath, blood, or urine test comes with serious consequences:
| Offense | License Suspension Period for Test Refusal |
| 1st Refusal | 6 months |
| 2nd Refusal (within 10 years) | 18 months |
| 3rd Refusal (within 10 years) | 36 months |
| 4th Refusal (within 10 years) | 60 months |
Additionally, refusing a test can be used as evidence against you in court, and may result in enhanced penalties if convicted.
DUI Penalties & Consequences
Kentucky’s DUI penalties escalate with each subsequent conviction within a 10-year lookback period.
Penalties for DUI Offenses in Kentucky
1st Offense (within 10 years)
Jail Time: 2-30 days (4 days mandatory with aggravating factors)
Fines: $200-$500
License Suspension: 180 days
Other Requirements: Substance abuse assessment, 90-day program
2nd Offense (within 10 years)
Jail Time: 7 days-6 months (14 days mandatory with aggravating factors)
Fines: $350-$500
License Suspension: 18 months
Other Requirements: 1-year treatment, 10 days-6 months community labor, possible IID
3rd Offense (within 10 years)
Jail Time: 30 days-12 months (60 days mandatory with aggravating factors)
Fines: $500-$1,000
License Suspension: 36 months
Other Requirements: 1-year treatment, 10-12 months community labor, possible IID
4th or Subsequent Offense (within 10 years)
Jail Time: 120 days-5 years (240 days mandatory with aggravating factors)
Fines: $1,000-$10,000
License Suspension: 60 months
Other Requirements: 1-year treatment, mandatory IID (felony)
Aggravating Factors That Increase Kentucky DUI Penalties
In Kentucky, these aggravating circumstances lead to enhanced penalties, including mandatory minimum jail sentences:
- Driving 30 mph or more over the speed limit
- Driving in the wrong direction on a limited access highway
- Causing an accident resulting in death or serious physical injury
- BAC of 0.15% or higher
- Refusing to submit to chemical testing
- Transporting passengers under 12 years of age
- Operating a commercial vehicle
When aggravating factors are present, minimum jail time is doubled, and drivers may be ineligible for certain alternatives to incarceration.
Driving Without a Valid License
Operating a vehicle with a suspended license due to DUI is a serious offense in Kentucky. If caught, you face:
- Additional criminal charges (driving on a suspended license)
- Extended suspension periods
- Potential jail time (90 days to 5 years)
- Additional fines
- Vehicle impoundment
- Ineligibility for restricted driving privileges or early reinstatement
These penalties compound existing DUI problems and can significantly extend the time before you can legally drive again.
License Suspension
Who Determines If You Can Continue Driving After a DUI
In Kentucky, both the Transportation Cabinet’s Division of Driver Licensing and the courts play roles in determining driving privileges after a DUI:
- Administrative Suspension: The Transportation Cabinet automatically suspends your license upon arrest if you fail or refuse a chemical test. This happens before your court case is resolved.
- Court-Ordered Suspension: Upon conviction, the court orders an additional suspension period based on your offense level and history. The court may also authorize restricted driving privileges with an ignition interlock device.
These two processes operate independently. You could face two separate suspension periods.
How Long Will Your License Be Suspended?
License suspension periods in Kentucky increase with each subsequent offense within a 10-year period:
| Offense | License Suspension Period |
| 1st Offense | 180 days |
| 2nd Offense (within 10 years) | 18 months |
| 3rd Offense (within 10 years) | 36 months |
| 4th or Subsequent Offense (within 10 years) | 60 months |
Steps to Reinstate Your License
To reinstate your driving privileges after a DUI-related suspension in Kentucky:
- Serve your full suspension period
- Complete required substance abuse assessment and treatment program
- Pay reinstatement fee
- Install an ignition interlock device if ordered
- Complete required DUI education programs
Restoring Your Driving Privileges
After a DUI conviction in Kentucky, restoring full driving privileges requires meeting several requirements and possibly going through intermediate stages with restricted driving permissions.
Eligibility for a Hardship License
Kentucky offers hardship licenses (also called restricted licenses) that allow limited driving for essential activities during your suspension period:
- Available to drivers with one DUI after serving 30 days of suspension
- May be available to drivers with repeat convictions at the court’s discretion
- Requires proof of necessity (employment, education, medical treatment, etc.)
- May require installation of an ignition interlock device
- Not available if you refuse a chemical test
How to Apply for a Hardship License
To obtain a hardship license in Kentucky:
- Complete an application for Hardship License
- Provide documentation proving hardship (employment verification, school enrollment, medical necessity)
- Submit proof of enrollment in or completion of required substance abuse treatment
- Pay applicable fees
- Install an ignition interlock device if required
- Proof of vehicle insurance
- Appear before the judge who handled your DUI case
Kentucky Ignition Interlock Device (IID) Requirements
The Kentucky Ignition Interlock Program (KIIP) allows eligible offenders to drive legally with an installed IID:
- Mandatory for: Fourth or subsequent offenses, refusals with prior DUI convictions, any offense with aggravating circumstances
- Optional for: First-time DUI drivers seeking to reduce suspension periods
- Length of requirement: Minimum 6 months for first offense; up to 60 months for repeat offenses
- Costs: Installation, monthly monitoring and calibration, removal
- Requirements: Must blow alcohol-free samples randomly while driving
- Violations: Failed tests result in extended IID periods or complete loss of driving privileges
Selecting the right ignition interlock provider can make a world of difference.
Substance Abuse Evaluation and Treatment
All drivers convicted of drunk driving in Kentucky must complete:
- A comprehensive substance abuse assessment by a state-certified provider
- The recommended education or treatment program based on assessment results
- Minimum program requirements:
- First offense: 90-day education/treatment program
- Second or subsequent offense: 1-year treatment program
- Certified providers can be found through the Kentucky Department for Behavioral Health, Developmental and Intellectual Disabilities
Failure to complete required substance abuse programs will prevent license reinstatement.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Kentucky
Can you refuse a breathalyzer test in Kentucky?
You can refuse a breathalyzer test in Kentucky, but the state’s implied consent law means automatic license suspension, doubled suspension periods, and potential use of your refusal as evidence in court.
Is a DUI a felony in Kentucky?
First, second, and third DUIs within 10 years are misdemeanors; a fourth or subsequent offense within 10 years is a Class D felony.
Can you drive to work after a DUI in Kentucky?
You can possibly drive to work after a DUI in Kentucky with a hardship license or ignition interlock permit, depending on your offense level and compliance with program requirements.
Will you lose your commercial driver’s license after a DUI?
Yes, a DUI in any vehicle results in a one-year CDL disqualification for first offenses and lifetime disqualification for subsequent offenses.
Sources
- Kentucky Transportation Cabinet, Division of Driver Licensing. (2025). DUI Information. https://drive.ky.gov/Drivers/Pages/DUI.aspx
- Kentucky Office of Highway Safety. (2022). What is a DUI? DUI laws in Kentucky [PDF]. Kentucky Transportation Cabinet. https://kentuckyhighwaysafety.com/wp-content/uploads/2022/09/What-is-a-DUIDUI-Laws-in-Kentucky.pdf
- FindLaw. (2025). What Are the Kentucky DUI Laws. https://www.findlaw.com/state/kentucky-law/what-are-the-kentucky-dui-laws.html
- National College for DUI Defense. (2025). Kentucky DUI Laws. https://www.ncdd.com/kentucky-dui-laws
- Kentucky Courts. (2025). DUI Forms. https://www.kycourts.gov/Legal-Forms/Legal Forms/495.pdf
- Kentucky Transportation Cabinet. (2025). Kentucky Ignition Interlock Program (KIIP). https://drive.ky.gov/Drivers/Pages/KIIP.aspx
- Kentucky Department for Behavioral Health, Developmental and Intellectual Disabilities. (2025). Provider Directory. https://dbhdid.ky.gov/providerdirectory
- Kentucky Legislature. (2020). KRS 189A.090: Operating motor vehicle while license is suspended for driving under the influence prohibited; operating motor vehicle without ignition interlock (Statute No. 189A.090). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49568
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