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Kentucky · DUI

Kentucky DUI laws and penalties

Kentucky's legal BAC limit is 0.08%. For a first offense, Kentucky's statute provides jail of 48 hours to 30 days and a fine of $200 to $500. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on .

Kentucky DUI laws at a glance

Legal BAC limit
0.08%
Standard US limit
Enhanced penalty BAC
0.15%
Where the penalties step up
Zero tolerance (under 21)
0.02%
Limit for drivers under 21
Lookback period
10 years
Prior DUI offenses that count

License hearing: no fixed request deadline

Kentucky has no administrative hearing. The court orders any suspension before conviction (for a refusal, a prior offense within ten years, or a serious crash), and the Transportation Cabinet suspends the license after conviction.
Ignition interlock required in some cases

Higher BAC level. At 0.15 or more (an aggravating circumstance) the first-offense minimum jail term is 4 days, not suspended.

Ignition interlock. Optional: an interlock license is the only license available during a suspension, and holding one shortens a first-offense suspension from 6 months to 4.

Kentucky treats a first offense as fine ($200 to $500) or jail (48 hours to 30 days) or both, with an aggravating circumstance (including 0.15 or more) setting a 4-day minimum jail; a second offense within ten years requires both a $350 to $500 fine and 7 days to 6 months of jail. There is no administrative license hearing: suspension follows conviction (6 months for a first offense, 4 with an interlock license), and a pretrial suspension applies only to refusals, repeat offenders and serious crashes.

01Penalties

Kentucky DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
Kentucky statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)48 hours7 days
Jail (maximum)30 days6 months
Fine (minimum)$200$350
Fine (maximum)$500$500
License suspension6 months suspension (4 months with an ignition interlock license)18 months suspension (12 months with an ignition interlock license)

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Kentucky compares

Of the 49 states with a confirmed BAC limit, 48 (Kentucky among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Kentucky requires one in some cases.

Kentucky and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Illinois0.08%90 daysIn some casesLess than 1 year$75 to $2,500Revocation; may not apply for a new license until 1 year after the revocation takes effect
Indiana0.08%No fixed deadlineAt the judge's discretionUp to 60 daysUp to $500Up to 60 days
Kentucky (this page)0.08%No fixed deadlineIn some cases48 hours to 30 days$200 to $5006 months suspension
Missouri0.08%15 daysIn some casesUp to 6 monthsUp to $1,00030 days suspension, then 60 days restricted driving privilege
Ohio0.08%30 daysIn some cases3 days to 6 months$565 to $1,0751 to 3 years
Tennessee0.08%No fixed deadlineRequired48 hours to 11 months and 29 days$350 to $1,5001 year
Virginia0.08%7 daysIn some casesUp to 12 months$250 to $2,5001 year
West Virginia0.08%No fixed deadlineIn some casesUp to 6 months$100 to $5006 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Kentucky

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. Arrest and booking

    Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. License action

    Kentucky has no administrative hearing. The court orders any suspension before conviction (for a refusal, a prior offense within ten years, or a serious crash), and the Transportation Cabinet suspends the license after conviction.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. Pretrial resolution

    A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.

  6. Sentencing or trial

    For a first offense, Kentucky's statute provides jail of 48 hours to 30 days and a fine of $200 to $500. See the penalties table above.

04Sources

Where Kentucky's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
  • KRS 189A.010(1) (apps.legislature.ky.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
  • KRS 189A.200(1), (2); KRS 189A.070 (apps.legislature.ky.gov)License hearing request
  • KRS 189A.340(1)(a); KRS 189A.070(1)(a)2.a (apps.legislature.ky.gov)Ignition interlock, first offense
  • KRS 189A.070(1)(a)2.a (apps.legislature.ky.gov)First offense: license · Second offense: license
Show the exact words behind each figure
Main statute

KRS 189A.010

KRS 189A.010(1)

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited
BAC limit, age 21 and over

0.08%

KRS 189A.010(1)(a)

Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
Higher BAC level

0.15%

KRS 189A.010(11)(d); KRS 189A.010(5)(a)

(d) Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
BAC limit under 21

0.02%

KRS 189A.010(1)(f)

Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).
Lookback period

10 years

KRS 189A.010(5), (10)

In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered.
License hearing request

No fixed deadline

KRS 189A.200(1), (2); KRS 189A.070

Persons whose licenses have been suspended pursuant to this section may file a motion for judicial review of the suspension, and the court shall conduct the review in accordance with this chapter within thirty (30) days after the filing of the motion.
Ignition interlock, first offense

Required in some cases

KRS 189A.340(1)(a); KRS 189A.070(1)(a)2.a

If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole license the person shall be eligible for is an ignition interlock license pursuant to this section.
First offense: jail, minimum

48 hours

KRS 189A.010(5)(a)

(a) For the first offense within a ten (10) year period, be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both.
First offense: jail, maximum

30 days

KRS 189A.010(5)(a)

Same passage as above.

First offense: fine, minimum

$200

KRS 189A.010(5)(a)

Same passage as above.

First offense: fine, maximum

$500

KRS 189A.010(5)(a)

Same passage as above.

First offense: license

6 months suspension (4 months with an ignition interlock license)

KRS 189A.070(1)(a)2.a

iii. For all others, six (6) months;
Second offense: jail, minimum

7 days

KRS 189A.010(5)(b)

(b) For the second offense within a ten (10) year period, be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months
Second offense: jail, maximum

6 months

KRS 189A.010(5)(b)

Same passage as above.

Second offense: fine, minimum

$350

KRS 189A.010(5)(b)

Same passage as above.

Second offense: fine, maximum

$500

KRS 189A.010(5)(b)

Same passage as above.

Second offense: license

18 months suspension (12 months with an ignition interlock license)

KRS 189A.070(1)(a)2.b

iii. For all others, eighteen (18) months;

05Related

Related pages

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.