Kentucky DUI Law - In the state of Kentucky, it is illegal to operate or be in physical control of a motor vehicle anywhere in the state while under the influence of alcohol, any other substance or combination of substances which impairs one's driving ability, and while under the combined influence of alcohol and any other substance which impairs one's driving ability.
Kentucky Per Se DUI Law - Kentucky also has a "per se" DUI law, wherein a person will automatically be presumed under the influence if they have a blood alcohol level (BAC) of .08 or higher. In such instances, the prosecutors will not have to prove a DUI defendant was impaired - the mere fact that the person's BAC was .08 or higher is enough evidence in and of itself to prove impairment.
MINORS - Persons under the age of 21 will be charged with DUI if they have a BAC of .02 or higher.
COMMERCIAL DRIVERS - Commercial Driver's who are operating or are in physical control of a commercial vehicle are presumed impaired if they have a BAC of .04 or higher.
AGGRAVATING CIRCUMSTANCES - If any of the following circumstances occur at the time of the DUI arrest, higher mandatory minimum jail time will be imposed:
1) Speeding 30 mph in excess of speed limit 2) Traveling the wrong way down a limited access highway 3) DUI that causes an accident resulting in serious bodily injury or death 4) High BAC (BAC .18 or higher within 2 hours of driving) 5) Chemical test refusal 6) Passenger under the age of 12 in vehicle at time of DUI
