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Kentucky DUI Penalties - An Overview
First offense Kentucky DUI Cases are punished as follows:
Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.)
Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed.
Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.
License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated.
Alcohol and Drug Assessment and Treatment: Ninety days.
The DUI Process Manual - has helped thousands save considerable amounts of money on everything from legal fees to auto insurance and court costs as well as enabling people to clear their DUI records and successfully pass pre-employment background checks. It is a must have resource if you have a DUI or even an old DUI conviction record .
DUI Second Offense
Fine: $350-$500 (plus statutory service fee of $200.00 and other miscellaneous costs.)
Jail: seven days to six months. A fine and jail time are imposed for all second offenses within five years. At least 48 hours of the sentence must be served consecutively.
Community Service: Not less than ten (10) days or more than six (6) months of Community Service is optional in all cases.
Alcohol and Drug Assessment and Treatment: One year.
License Suspension: 12 months to 18 months. The District Judge may grant a hardship license after 12 months.
DUI Third Offense
Fine: $500-$1,000.
Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively.
Community Service: Not less than ten (10) days or more than twelve (12) months of Community Service is optional in all cases.
License Revocation: 24 months to 36 months. The District Judge may grant a hardship license after 24 months.
Alcohol and Drug Assessment and Treatment: One year.
DUI Fourth Offense
Fine: $1,000-$10,000.
Jail: Class D felony. One to five years. At least 120 days of the sentence must be served.
License Revocation: 60 months. No hardship license.
Alcohol and Drug Assessment and Treatment: One year.
Drivers Under 21
Fine: $100-$500.
License Revocation: Thirty (30) days to six (6) months.
Community Service: Up to twenty (20) hours in lieu of a fine.
Alcohol and Drug Assessment and Treatment: Ninety days.
PRACTICAL TIP: No other penalties established pursuant to the Kentucky DUI statutes shall be imposed, such as jail and the $250 service fee. This type of DUI cannot be used for enhancement purposes. If the alcohol concentration in the under-21 driver is above 0.08, the driver is exposed to the same penalties as an adult.
Aggravating Factors
The new DUI law in Kentucky, effective October 1, 2000, establishes a list of six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions.
The aggravating factors are:
1. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
2. Operating a motor vehicle in the wrong direction on a limited access highway;
3. Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
4. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.18 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;
5. Refusing to submit to any test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws;
6. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.
Mandatory minimum jail sentences for a DUI with an aggravating factor are:
First Offense: Four days;
Second Offense: 14 days;
Third Offense: 60 days; and
Fourth Offense: 240 days.
The aggravating factors do not apply to under-21 DUIs. There is no prohibition on dismissal by the prosecution of the aggravated circumstance to avoid the minimum mandatory sentence. For a first offense, the aggravating factor must be present at the time of operation of the motor vehicle. This excludes imposition of the mandatory minimum jail sentence for refusals since refusals cannot occur at the time of operation of a motor vehicle.
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