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.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.
01Penalties
Kentucky DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 48 hours | 7 days |
| Jail (maximum) | 30 days | 6 months |
| Fine (minimum) | $200 | $350 |
| Fine (maximum) | $500 | $500 |
| License suspension | 6 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.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Illinois | 0.08% | 90 days | In some cases | Less than 1 year | $75 to $2,500 | Revocation; may not apply for a new license until 1 year after the revocation takes effect |
| Indiana | 0.08% | No fixed deadline | At the judge's discretion | Up to 60 days | Up to $500 | Up to 60 days |
| Kentucky (this page) | 0.08% | No fixed deadline | In some cases | 48 hours to 30 days | $200 to $500 | 6 months suspension |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Ohio | 0.08% | 30 days | In some cases | 3 days to 6 months | $565 to $1,075 | 1 to 3 years |
| Tennessee | 0.08% | No fixed deadline | Required | 48 hours to 11 months and 29 days | $350 to $1,500 | 1 year |
| Virginia | 0.08% | 7 days | In some cases | Up to 12 months | $250 to $2,500 | 1 year |
| West Virginia | 0.08% | No fixed deadline | In some cases | Up to 6 months | $100 to $500 | 6 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
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.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
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.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
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.
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
- 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 figureHide the exact words
- 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
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
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.