You Are DUI When:
When your blood alcohol content (BAC) is.08 or higher, you are DUI in Kentucky. The test must be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in DUI prosecutions. Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment.
Five Possible DUI Charges:
You can be charged in Kentucky with five different DUI violations:
Operating a vehicle or in physical control of a motor vehicle under the influence of alcohol.
Operating a motor vehicle with a prohibited alcohol concentration (.08 BAC or above).
Operating a motor vehicle while under the influence of any other substance which impairs driving ability.
Operating while under the influence of a combination of alcohol and any substance which impairs driving ability.
Operating a motor vehicle under age 21 with a prohibited alcohol concentration.
DUI laws include operating or being physical control of a motor vehicle in any of these five categories "anywhere" in the state, including private property.
DUI Penalties (First Offense Within a Five Year Period):
$200 - 500 Fine
2 to 30 Days in Jail
90 Day Alcohol or Substance Abuse Program
30 to 120 Day License Suspension
Possible 48 Hours - 30 Days Community Labor
If aggravating circumstances present-4 days imprisonment
Aggravating Circumstances:
These aggravating circumstances result in higher minimum jail time:
Over 30 mph over speed limit
Wrong way on limited access highway
Causes accident resulting in death or serious physical injury
Alcohol level of .18 or more within 2 hours after operating
Refusal to submit to testing
Transporting passengers under 12 years of age
The DUI law establishes minimum jail times (4 days), which cannot be probated, suspended, conditionally discharged or otherwise subject to early release, if convicted of DUI when any of the above aggravating circumstances exist.
Under 21:
Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level.
Commercial Vehicle Drivers
Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system.
License Suspension for Refusal to Take Alcohol or Subsequent Tests
1st Offense 30 to 120 Days.
DUI Alcohol Programs
The Division of Substance Abuse regulates a statewide network of 100+ Driving Under the Influence (DUI) programs licensed and certified to provide alcohol and other drug assessments, education and treatment services to persons convicted of DUI.
The programs provide an assessment of your alcohol or other substance abuse problems at the start of the program.
