bann Driving on a Suspended License - Benham Sims

Driving on a Suspended License

Driving on a suspended license in Kentucky carries a series of penalties and fines.  The Court may also require you to turn in your license plate or have an ignition interlock device installed.  The below information outlines the various offenses and penalties.

First Offense Driving on a DUI Suspended License

The penalty for a first offense of driving on a DUI suspended license is not more than ninety (90) days of jail time and the fine is not more than $250.00. The District Judge will suspend the driver’s license for six months. If you are driving DUI while DUI suspended, it is a Class A misdemeanor with not more than 12 months jail time and a fine of not more than $500.00. The license suspension is one year.

Second Offense for Driving on a DUI Suspended License

The penalty for a second offense of driving on DUI suspended license is not more than twelve (12) months of jail time and the fine is not more than $500. The driver’s license suspension is one year. If you are driving DUI while DUI suspended, second offense, it is a Class D felony with one to five years jail time and a fine of not less than $1,000.00 or more than $10,000.00. The license suspension is two years.

Third Offense or more for Driving on a DUI Suspended License

The penalty for a third offense of driving on a DUI suspended license is a Class D felony with between one and five years of jail time and a fine of not less than $1,000 or more than $10,000. The driver’s license suspension is two years. If you are driving DUI while DUI suspended, third

offense, it is a Class D felony with one to five years jail time and a fine of not less than $1,000.00 or more than $10,000.00. The license suspension is five years.

Driving on a DUI suspended license now includes driving on an under-21 DUI suspension, refusal, pretrial and interlock device suspensions.

Multiple DUI offenders: Surrendering License Plates or Ignition Interlock Devices

All persons convicted of second or greater DUI offenses must have one or the other disabling option imposed by the Court. The Court may impound the license plate or plates of all motor vehicles owned, solely or jointly, by the offender. The suspension of the plate or plates shall not exceed the driver’s license suspension time. Family members or others may apply to the Court for a hardship exception. Before or after impoundment, the vehicle can be transferred to a joint owner or sold.

In lieu of impounding plates, the Court can order the installation of an ignition interlock device that prohibits starting a vehicle if the driver’s breath alcohol level is over 0.02. This option begins after the period of driver’s license suspension. This option is obviously more costly and restrictive and will probably not be widely utilized.

“Refusal” Penalties

If you are operating or in physical control of a motor vehicle anywhere in Kentucky you are deemed to have given your consent to one or more tests of your blood, breath, or urine for purposes of determining alcohol concentration. This is called the implied consent law. At the testing site, at the time a chemical test is requested, you shall be informed that: (1) a refusal may be used against you in court as evidence and will result in revocation of your driver’s license; if you refuse and are subsequently convicted of DUI you will be subject to a mandatory jail sentence which is twice as long as the mandatory jail sentence imposed if you submit to the tests; and if you refuse you will not be able to obtain a hardship license.

If you submit to the requested tests, you have the right to a test or tests of your blood performed by a person of your choosing within a reasonable time and at your expense. You must be advised of this right and specifically asked, “Do you want such a test?” Remember you must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test.

Even if you are acquitted of the DUI at trial, the court shall impose the appropriate license suspension for refusing to submit to a chemical test. For a DUI first offense refusal, a driver’s license shall be suspended for 30 days to 120 days. For a DUI second offense refusal, a driver’s license shall be suspended for 12 months to 18 months. For a DUI third offense refusal, a driver’s license shall be suspended for 24 months to 36 months. For a DUI fourth offense refusal, a driver’s license shall be suspended for sixty (60) months.

In some cases, refusing all chemical tests may be more beneficial than the consequences that may result from an unfavorable test result. For instance, if you are arrested for DUI and have an aggravating factor present, you should probably refuse all chemical tests.

Hospitals are always attempting to be released from all sorts of liability. Most of the time, before a hospital will draw blood from an accused drinking driver, at law enforcement’s request, the hospital will attempt to have the accused sign a liability release. The hospital wants to be relieved from damages if it breaks the needle off in your arm or gives you an incurable disease

You are not required to release the hospital from any such liability. You do not have to sign the form. In most cases if you don’t sign the form the hospital won’t draw your blood. The cop will call this a “refusal” right? He might, but under Kentucky law he or she will be wrong. It is not considered a refusal if the hospital won’t take your blood because you won’t release it from liability.

Principle Office in Louisville, KY

Benham Sims
600 West Main Street, Suite 300
The 600 Building
Louisville, KY 40202


Phone: (502) 589-6190