The following is a list of the statutory penalties for criminal DUI convictions in Kentucky. The precise punishment that may be imposed will differ on a case-by-case basis, depending on the facts and circumstances of your case. The penalties below should serve only as a general guide of the potential consequences that may be imposed. For example, some judges may sentence a first time Kentucky DUI offender to community service in lieu of jail time.
**NOTE - Persons who refuse to submit to chemical testing will have their driver's license suspended while their Kentucky criminal DUI case is pending. For more information on the license suspension process, click on the Kentucky Driving tab.
Aggravating Circumstances In Kentucky DUI Cases
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
Kentucky DUI Punishment Overview
DUI FIRST OFFENSE - FINES: $200-$500; JAIL: 2-30 days in jail (4 days minimum if aggrevating factors present); LICENSE SUSPENSION: 30-120 days license suspension; OTHER: 90 day alcohol or substance abuse program, 48 hours - 30 days community service. DUI SECOND OFFENSE (WITHIN 5 YEARS) - FINES: $350-$500; JAIL: 7 days - 6 months in jail (minimum 14 days in jail if aggravating factors present); LICENSE SUSPENSION: 12 - 18 month license suspension; OTHER: 10 days - 6 months community service, 1 year alcohol or substance abuse treatment program; Ignition interlock device or vehicle license plate impoundment. DUI THIRD OFFENSE (WITHIN 5 YEARS) - FINES: $500-$1,000; JAIL: 30 days - 12 months in jail (minimum 60 days in jail if aggravating factors present); LICENSE SUSPENSION: 24-36 month suspension; OTHER: 10 days - 12 months community service, 1 year alcohol or substance abuse treatment program; Ignition interlock device or vehicle license plate impoundment.
DUI FOURTH OFFENSE (WITHIN 5 YEARS) - FELONY - FINES: $1,000-$10,000; JAIL: mandatory minimum 120 days imprisonment without probation (240 days minimum if aggravating factors present); LICENSE SUSPENSION: 60 month suspension; OTHER: 1 year alcohol or substance abuse program; Ignition interlock device or vehicle license plate impoundment.
