bann Kentucky DUI Penalties - Benham Sims

Kentucky DUI Penalties

Motorists in Kentucky can be charged with five different DUI violations. Kentucky’s different types of DUI are:

  1. Operating or in physical control of a motor vehicle under the influence of alcohol;
  2. Operating or in physical control of a motor vehicle with a prohibited alcohol concentration;
  3. Operating or in physical control of a motor vehicle while under the influence of any other substance which impairs driving ability;
  4.  Operating or in physical control of a motor vehicle while under the influence of a combination of alcohol any substance which impairs driving ability; and
  5. If under 21 years of age and operating or in physical control of a motor vehicle with a prohibited alcohol concentration.

 

The Kentucky DUI laws cover operating or physical control of a motor vehicle “anywhere” in the state, which includes private property.

 

DUI First Offense

Fine: $200.00-$500.00 (plus statutory service fee of $375.00, court costs of at least $134.00 and other miscellaneous costs.)

Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be assessed, the penalty not assessed can be suspended, probated or subject to conditional discharge or early release. For example, a judge can impose a fine of between $200.00 and $500.00 plus 48 hours in jail and probate or conditionally discharge the jail term.

Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.

License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated. Any non-resident driver’s home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-resident’s license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-resident’s home state. A “not guilty” verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition.

Alcohol and Drug Assessment and Treatment: Ninety days.

 

DUI Second Offense

Fine: $350-$500 (plus statutory service fee of $375.00, court costs of at least $134.00  and other miscellaneous costs.)

Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.

Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.

Alcohol and Drug Assessment and Treatment: One year.

License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.

 

DUI Third Offense

Fine: $500-$1,000. (plus statutory service fee of $375.00, court costs of at least $ 134.00, and other miscellaneous costs.)

Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.

Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.

License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.

Alcohol and Drug Assessment and Treatment: One year.

 

DUI Fourth Offense

Fine: $1,000-$10,000.

Prison: Class D felony. One to five years. At least 120 days of the sentence must be served.

License Revocation: 60 months. No hardship license.

Alcohol and Drug Assessment and Treatment: One year.

 

DUI Under 21 years of age if alcohol concentration is greater than 0.02 and less than 0.08

Fine: $100-$500.

License Revocation: Thirty (30) days to six (6) months.

Community Service: Up to twenty (20) hours in lieu of a fine.

Alcohol and Drug Assessment and Treatment: Ninety days.

A person charged with DUI under 21 does not have to pay a $375.00 service fee, nor do they face any potential incarceration. This type of DUI cannot be used for enhancement purposes. If the alcohol concentration in the under-21 driver is above 0.08, the driver is treated as an adult in court and faces the same DUI penalties as an adult including incarceration (If under 18, the incarceration would be served in the Jefferson County Youth Center. The Jefferson County Attorney’s Office has created the “KIDD” program for those under the age of 21 years and blew below an 0.08.  If the youth completes the program, the juvenile’s conviction may be expunged.

 

LEAVING THE SCENE OF AN ACCIDENT while Driving Under the Influence is now a felony offense.

Principle Office in Louisville, KY

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


Phone: (502) 589-6190