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Kentucky DUI Laws Penalties And Fines
Kentucky Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Kentucky drunk driving laws, Kentucky Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Kentucky drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
If tests show that your BAC within two hours of driving was less than 0.05, Kentucky law presumes that you were not driving under the influence.
If your BAC is between 0.051 and 0.079, you are not presumed to be under the influence, but additional evidence of intoxication can be used to prove that you were driving under the influence at this BAC level.
Summary of Illegal BAC Levels in Kentucky:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI Kentucky is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
Consequences of a DUI Offense in Kentucky
A drunk driving conviction in Kentucky has serious consequences, which become even more severe with repeat offenses occurring within a five-year period or with the presence of any of these aggravating circumstances:
1. Alcohol level of .18 or more within 2 hours after operating
2. Exceeding speed limit by 30 mph
3. Driving the wrong way on limited access highway
4. Causing an accident that results in death/serious physical injury
5. Refusing a BAC test
6. Driving DUI with passengers under age 12
If there are aggravating factors, then the minimum DUI sentence is not eligible for any form of early release, including probation, suspension of sentence, conditional discharge, or deferred prosecution. If you are allowed to drive, you will be required to equip your vehicle with an ignition interlock device (a device that takes a breath sample from you and prevents your car from starting if you have any BAC).
The arresting officer confiscates a Kentucky DUI arrestee’s driver’s license immediately. No temporary driving pass is issued. You can apply for a hardship license for business or employment purposes when the minimum statutory suspension period for the crime (1st offense DUI, 2nd offense, etc.) has elapsed, following the date when your license suspension began (Hardship licenses are/are not available, if you refused a BAC test). When hardship licenses are granted, you will be required to equip your vehicle, at your own expense, with an ignition interlock device
