DUI and Suspended License Laws in Louisville, Kentucky

DRIVING WHILE YOUR LICENSE IS SUSPENDED

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
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?" In addition, the Commonwealth must make reasonable efforts to permit you to secure an independent test. You must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test. I very seldom recommend refusing a breath test on a first offense.

The consequences of refusing a breath test include immediate loss of license at arraignment and the denial of any type of hardship license. With multiple offenders there are some cases where refusing a chemical test may be more beneficial than the consequences of an unfavorable test. As an example, if you are arrested for DUI and have an aggravating factor present, you should probably refuse all chemical tests. I recommend my clients seek an independent test of their blood. Remember, the officers are required to make reasonable efforts in securing an independent test.

A police officer can request that you submit to a test of your blood, breath or urine or all three tests. If you refuse any test, you will be subject to the refusal sanctions of the statute. One case in Kentucky opined that if you refuse to sign a liability release for the hospital to withdraw your blood, you have not refused a test. It is not considered a refusal if the hospital won't take your blood because you won't release it from liability.

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.

If arrested for DUI, you now must be afforded an opportunity to attempt to contact a lawyer. The opportunity is for not less than ten minutes or more than 15 minutes during the observation period prior to a breath test or at the hospital prior to blood or urine testing. Failure to contact a lawyer during this time does not excuse you of the obligation to take the chemical test.

Client Interview Form - Print out for review and completion

DUI Client Interview - Print out for review and completion

DUI First Offenders Diversion Program (FODP) Info Sheet

DUI Alcohol Education Treatment Programs