Kentucky DUI Laws & Penalties
Last reviewed:
KY hinges penalties on statutory 'aggravating circumstances' (§ 189A.010(11)) — each adds a doubled mandatory minimum on top of the base offense.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year lookback (expanded from 5 years in 2016). 4th within 10 = Class D felony.
- Primary statute: KRS § 189A.010
0.15+ is a statutory AGGRAVATING circumstance that doubles the mandatory minimum jail at each level. Other aggravators: 30+ mph over, wrong-way, injury/death, refusal, passenger under 12.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none (2–30 days available) – 30 days; mandatory min none base; 4 days mandatory if an aggravating circumstance present | $200–$500 (plus $375+ service fee and costs) | 30–120 days – 120 days; hardship: IID license available immediately in lieu of hard suspension | Not required |
| Second offense | misdemeanor (within 10 years) | 7 days – 6 months; mandatory min 7 days (14 days if aggravated) | $350–$500 (plus fees) | 12–18 months – 18 months; hardship: IID after portion; community-labor options | Required |
| Third offense | misdemeanor (within 10 years) | 30 days – 12 months; mandatory min 30 days (60 days if aggravated) | $500–$1,000 (plus fees) | 24–36 months – 36 months; hardship: IID path | Required |
| Fourth+ offense | Class D felony (4th within 10 years) | 120 days (must serve before probation/parole) – 5 years (Class D felony); mandatory min 120 days served before release eligibility; 240 days if an aggravating circumstance is present | $0–$10,000 (Class D felony fine range) | 60-month suspension – 60 months; hardship: IID after portion served | Required |
First offense
- Classification: misdemeanor
- Jail: none (2–30 days available) – 30 days; mandatory min none base; 4 days mandatory if an aggravating circumstance present
- Fine: $200–$500 (plus $375+ service fee and costs)
- License suspension: 30–120 days – 120 days; hardship: IID license available immediately in lieu of hard suspension
- Alternative disposition: 90-day alcohol/substance treatment program mandatory; no charge-dismissal diversion.
- Interlock: IID license optional first offense; can shorten suspension; mandatory on aggravated/repeat.
Second offense
- Classification: misdemeanor (within 10 years)
- Jail: 7 days – 6 months; mandatory min 7 days (14 days if aggravated)
- Fine: $350–$500 (plus fees)
- License suspension: 12–18 months – 18 months; hardship: IID after portion; community-labor options
- Mandatory community labor 10 days–6 months; treatment 1 year.
Third offense
- Classification: misdemeanor (within 10 years)
- Jail: 30 days – 12 months; mandatory min 30 days (60 days if aggravated)
- Fine: $500–$1,000 (plus fees)
- License suspension: 24–36 months – 36 months; hardship: IID path
Fourth+ offense
- Classification: Class D felony (4th within 10 years)
- Jail: 120 days (must serve before probation/parole) – 5 years (Class D felony); mandatory min 120 days served before release eligibility; 240 days if an aggravating circumstance is present
- Fine: $0–$10,000 (Class D felony fine range)
- License suspension: 60-month suspension – 60 months; hardship: IID after portion served
- § 189A.010(5)(d): 4th or subsequent within 10 years = Class D felony; aggravated mandatory minimum = 240 days (unsuspendable). Prior offenses include out-of-state convictions.
Refusing a chemical test (implied consent)
Refusal is itself an AGGRAVATING circumstance (doubles mandatory jail on conviction) and, post-Birchfield, KY cannot criminally punish blood-test refusal without a warrant — but license suspension for refusal applies and refusal is admissible.
Statute: KRS § 189A.105
Ignition interlock
IID license available from the first offense (in lieu of hard suspension) and mandatory on aggravated/repeat convictions; KY strongly incentivizes IID to keep driving.
Statute: KRS § 189A.340
Frequently asked questions
What is the penalty for a first DUI in Kentucky?
A first DUI in Kentucky is a misdemeanor. Jail: none (2–30 days available) – 30 days; mandatory min none base; 4 days mandatory if an aggravating circumstance present. Fine: $200–$500 (plus $375+ service fee and costs). License suspension: 30–120 days – 120 days; hardship: IID license available immediately in lieu of hard suspension.
What is the legal BAC limit in Kentucky?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Kentucky look back at prior DUI offenses?
10 years. 10-year lookback (expanded from 5 years in 2016). 4th within 10 = Class D felony.