Kentucky · DUI · Checked October 2026
DUI Laws in Kentucky
What Happens if You Get a DUI in Kentucky?
Kentucky calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- First offense jail
- 48 hours to 30 days, a fine, or both; at least 4 days that cannot be suspended if an aggravating circumstance is present
- First offense fine
- $200 to $500
- First offense license
- 6 months; 4 months if you get an ignition interlock license and meet the 90 consecutive day violation-free requirement within the first 4 months
- Felony
- A fourth or subsequent DUI within a 10-year period is a Class D felony, with a minimum of 120 days in jail (240 days with an aggravating circumstance) that cannot be suspended or probated
Kentucky DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACKRS 189A.010(1)(a), (1)(f), (11)(d); KRS 281A.210(3)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 or more for drivers under 21)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 10 years
Kentucky DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Jail | 48 hours to 30 days, a fine, or both; at least 4 days that cannot be suspended if an aggravating circumstance is present | 7 days to 6 months; mandatory minimum cannot be suspended or probated; at least 48 hours served consecutively; 14 days minimum if an aggravating circumstance is present | 30 days to 12 months; mandatory minimum cannot be suspended or probated; at least 48 hours served consecutively; 60 days minimum if an aggravating circumstance is present |
| Fine | $200 to $500 | $350 to $500 | $500 to $1,000 |
| License suspension | 6 months; 4 months if you get an ignition interlock license and meet the 90 consecutive day violation-free requirement within the first 4 months | 18 months; 12 months if you get an ignition interlock license and meet the 120 consecutive day requirement within the first 12 months | 36 months; 18 months if you get an ignition interlock license and meet the 120 consecutive day requirement within the first 18 months |
| Ignition interlock | an ignition interlock license is the only license available during suspension for alcohol-based DUI | ignition interlock license with a 120 consecutive day violation-free requirement | ignition interlock license with a 120 consecutive day violation-free requirement |
First offense: KRS 189A.010(5)(a), (9); KRS 189A.070(1)(a), (2); KRS 189A.340(1) · Second offense: KRS 189A.010(5)(b), (8); KRS 189A.070(1)(a) · Third offense: KRS 189A.010(5)(c), (8); KRS 189A.070(1)(a)
When Penalties Are Higher
- aggravating circumstance: BAC 0.15 or more, speeding more than 30 mph over the limit, driving the wrong way on a limited access highway, causing an accident with death or serious physical injury, a passenger under 12, or refusing a breath test (refusal does not count for a first offense): mandatory minimum jail rises to 4 days (first), 14 days (second), 60 days (third) and 240 days (fourth or later), and cannot be suspended or probatedKRS 189A.010(5), (11)
- refusing a breath test, then convicted of a second or third DUI within 10 years: mandatory minimum jail sentence twice as long as if the test had been takenKRS 189A.105(2)(a)1.b.i.
More on Kentucky DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
license suspended by the court at arraignment; a breath-test refusal may be used as evidence in court and doubles the mandatory minimum jail for a second or third DUI within 10 years; a blood-test refusal may not be used as evidence; no hardship license after a refusalKRS 189A.105(1)-(2); KRS 189A.107; KRS 189A.410(3)
Official source: if you refuse a breath or blood test in Kentucky
Getting a Hardship License (Drug-Based DUI Only); Ignition Interlock License for Alcohol-Based DUI
the court may grant hardship driving privileges for employment, school, medical care, alcohol or substance programs or court-ordered programs only when the suspension is for a drug-based DUI under KRS 189A.010(1)(c) or (d); not available to anyone who refused testing; for alcohol-based DUI the only license available is an ignition interlock license
Ignition Interlock
First offense: not mandatory; an ignition interlock license is the only way to drive during an alcohol-based DUI suspension and can shorten the suspension to 4 months Repeat offenses: same; with an interlock license the suspension can be shortened to 12 months (second), 18 months (third) or 30 months (fourth or later); the court must require an interlock license application for a pretrial suspension of a repeat offender apply to the Transportation Cabinet any time, even before conviction; time on an interlock license counts day for day toward the suspension; release requires 90 (first) or 120 (later) consecutive violation-free days; device provider fees are capped (installation up to $100 or $130, monthly up to $100); an employer-vehicle exemption is available
Can a DUI Come Off Your Record?
misdemeanor convictions (a first, second or third DUI is not a felony) can be expunged by petition to the court of conviction Waiting period: 5 years after completing the sentence or probation, whichever is later the court must find no felony or misdemeanor conviction in the 5 years before the petition, nothing pending, and that the offense is no longer subject to enhancement for a later offense; filing fee $100
Official source: can a dui come off your record? in Kentucky
Drivers Under 21
drivers under 21 may not drive with an alcohol concentration of 0.02 or more fine of $100 to $500 or 20 hours of community service, the education or treatment program under KRS 189A.040(1), and a 6-month license suspension (4 months with an interlock license and 90 violation-free days); a driver under 18 stays suspended until 18 if that is longer; at 0.08 or more the adult DUI penalties apply
Driving After Using Drugs
yes; the same statute covers driving under the influence of any substance that impairs driving ability, combined alcohol and drugs, and the detected presence of listed controlled substances (Schedule I except marijuana and drugs such as alprazolam, cocaine, fentanyl, methamphetamine, oxycodone) within 2 hours; a valid prescription bars use of a test result only for the per se presence charge
More on DUI Law in Kentucky
For the state's own guidance, see Kentucky Transportation Cabinet, Kentucky Ignition Interlock Program (KIIP).
This page summarizes Kentucky law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Kentucky can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Kentucky?
Jail: 48 hours to 30 days, a fine, or both; at least 4 days that cannot be suspended if an aggravating circumstance is present. Fine: $200 to $500. License suspension: 6 months; 4 months if you get an ignition interlock license and meet the 90 consecutive day violation-free requirement within the first 4 months.
When Is a DUI a Felony in Kentucky?
a fourth or subsequent DUI within a 10-year period is a Class D felony, with a minimum of 120 days in jail (240 days with an aggravating circumstance) that cannot be suspended or probated