Kentucky · DUI · Checked October 2026
Kentucky DUI Penalties: First, Second and Third Offense
Kentucky DUI Penalties: What Are the Rules?
Kentucky sets DUI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in Kentucky
- may apply for a community labor program of 48 hours to 30 days in place of the fine or jail
- at least one penalty must be imposed and cannot be suspended or probated
- full license reinstatement requires completing the court-ordered alcohol or substance abuse education or treatment program
Other Second Offense Penalties in Kentucky
- community labor of 10 days to 6 months may be added
Other Third Offense Penalties in Kentucky
- community labor of 30 days to 12 months may be added
When Penalties Are Higher in Kentucky
- 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 probated
- 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 taken
When a DUI Is 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 probatedKRS 189A.010(5)(d), (8)(b)
How Far Back Prior Offenses Count in Kentucky
10 years. offenses count if they occurred within a 10-year period, measured from the dates the offenses occurred; priors include DUI convictions in any state, but not under-21 0.02 convictionsKRS 189A.010(5)(e), (10)
Official source: how far back prior offenses count (Kentucky)
More on DUI Law in Kentucky
See the full overview of DUI laws in Kentucky and read about first-offense DUI penalties across the states.
This page summarizes Kentucky law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Kentucky?
Jail: 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. Fine: $350 to $500. License suspension: 18 months; 12 months if you get an ignition interlock license and meet the 120 consecutive day requirement within the first 12 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