Kentucky DUI Penalties

A DUI case in Kentucky may be prosecuted under one of two theories. The first follows the concept that an individual who is driving under the influence of an intoxicant (alcohol, drugs, or both) is considered to be impaired from safely driving a motor vehicle.

The second concept follows a violation of the state’s “per se” law, which states that an individual with a blood alcohol content (BAC) of .08 percent higher is legally intoxicated and thus not able to properly operate a vehicle. This second theory has nothing to do with the driver’s actual impairment, and is instead solely based off of their overall body chemistry. It is important to note though, that for offenders under the age of 21, the BAC limit is .02 percent, and the penalties for violating this can be severe.

First Offense Penalties

The penalties for a first time offense range, but may be: a fine of $200 up to $500 (in addition to the payment of other miscellaneous court costs), a jail sentence of a minimum of 48 hours to a maximum of 30 days (for a first time offender, either a fine or jail sentence must be imposed), or the offender may have to perform community service in lieu of jail time for a maximum of 30 days. In addition, the offender will have their license suspended for 30 days up to 120 days. The offender may also have to take part of an “alcohol and drug assessment and treatment” program for a maximum of 90 days.

Second Offense Penalties

A second DUI offense in the state of Kentucky may result in penalties such as: a fine of $350 to $500 (in addition to the payment of other miscellaneous court costs), a jail sentence of a minimum of 7 days to 6 months, the completion of community service for 10 days up to 6 months. The offender may also have to complete an “alcohol and drug assessment and treatment” program for a maximum of one year. The offender will also have their license suspended for 12 months up to 18 months.

Third Offense Penalties

The penalties for a third DUI offense in Kentucky may be a fine of $500 up to $1,000, a jail sentence of 30 days up to 12 months, completion of community service for no less than 10 days or no more than 12 months. The offender’s license will be suspended for 24 months up to 36 months, and they will also have to complete a “alcohol and drug assessment and treatment” program for one year.

While the penalties for a DUI in Kentucky may seem dire, a skilled Kentucky DUI lawyer may help an offender in relieving the penalties from receiving a DUI. It is recommended that if you are arrested and charged for a DUI in the state of Kentucky, that you contact a DUI defense lawyer immediately.