DUI- Driving Under the Influence

So you or a loved one was arrested for DUI. Whether you are attempting to navigate the Ignition Interlock Device regulations or dealing with "Aggravating Factors," we are here to guide you every step of the way.

Kentucky penalties & consequences

UI

D

New DUI laws going into effect July 2020

On July 1, 2020 a change went into effect in Kentucky that requires anyone convicted of a DUI (including their first time) to install ignition interlock devices ("IID"), or face stricter penalties in sentencing if they fail to do this. These penalties and requirements have not only added to the cost of a DUI conviction, but have the added burden of dealing with the KY Department of Transportation in order to obtain a temporary IID License.

For example, in order to drive with a temporary IID license after a DUI 1st, the IID will have to be installed successfully for 120 days of sober driving in order to start the process of having the IID removed and reinstating your full driver's license.

Aggravating Circumstances

DUI 1st

within a 10 year period

Jail: (potential) 48 hrs - 30 days (if aggravated: min. 4 days)

Ignition Interlock Device / License Suspension:

between 4-6 months*

Fine: $200-500 (plus court costs & service fee)

Community Service: (potential) 48 hours - 30 days

DUI Education: 90 day alcohol/substance abuse program

DUI 2nd

within a 10 year period

Jail: 7 days - 6 months (if aggravated: min. 14 days)

Ignition Interlock Device / License Suspention:

between 12-18 months*

Fine: $350-500 (plus court costs & service fee)

Community Service: (potential) 10 days - 6 months

DUI Education: 1 year of alcohol/substance abuse program

DUI 3rd

within a 10 year period

Jail: 30 days - 12 months (if aggravated: min. 60 days)

Ignition Interlock Device / License Suspention:

between 18-36 months*

Fine: $500-1000 (plus court costs & service fee)

Community Service: 30 days - 12 months

DUI Education: 1 year of alcohol/substance abuse program

DUI 4th

within a 10 year period

Jail: 1 - 5 years prison (Class D Felony) (if aggravated: min. 240 days)

Ignition Interlock Device / License Suspention:

between 30-60 months*

Fine: $1000-5000 (plus court costs & service fee)

Community Service: 

DUI Education: 1 year of alcohol/substance abuse program

 
 

In Kentucky, the statute says that it is illegal to "operate or be in physical control of a motor vehicle..." while under the influence of alcohol or controlled substance or substances which impair one's driving ability. KRS 189A.010.

Our DUI laws are complex and lengthy, you can read the statute here.

In Kentucky, prosecutors have discretion to make you an offer, if you agree to plead guilty, and they are permitted to offer a range of penalties. See sidebar for the range of penalties that can be offered. Remember that for certain elements, prosecutors have less flexibility by law.

If you are charged with a DUI "with an aggravator," unless disproven, you will have to do a mandatory minimum period of jail time. The length of jail times varies depending on how many DUIs you have on your record within a ten-year period. 

Mandatory Minimum Jail Sentence if aggravator is present:

  • DUI 1st - 4 days

  • DUI 2nd - 14 days

  • DUI 3rd - 60 days

  • DUI 4th and subsequent - 240 days

The following circumstances are classified as aggravators:

  1. Driving 30 miles per hour over the listed speed limit;

  2. Driving in the wrong direction on a limited access highway;

  3. Driving a motor vehicle and causing an accident that results in death or serious physical injury;

  4. Driving while the blood alcohol or breath alcohol concentration is 0.15 or more;

  5. Refusing to submit to a blood, breath, or urine test - but NOT on a DUI first offense;

  6. Driving with a passenger under the age of twelve (12) years old.

* Length of license suspension/Ignition Interlock Devices /Ignition Interlock Licenses vary depending on when DUI charges were filed.