Kentucky Drunk Driving Laws

Kentucky is famous for its bourbon whiskey, but the state has very serious penalties for driving under the influence, including fines, jail time, and license suspension. If you have been arrested for drunk driving or a related offense, you should learn about Kentucky drunk driving laws and the consequences you may face if you are convicted. This information can help you find a knowledgeable Kentucky DUI defense attorney to help resolve your case.

Kentucky Drunk Driving Laws

Kentucky law prohibits driving or being in physical control of a vehicle while under the influence of alcohol or a substance that impairs the ability to drive or with a blood alcohol content (BAC) of .08% or more within two hours of driving or being in physical control of your vehicle.

The BAC limit drops to .04% for commercial drivers. In July 2020, Kentucky enacted a new set of DUI laws that calls for much stricter penalties than ever before.

Drivers under the age of 21 may not have a BAC of .02% or more. Additionally, if their BAC does not exceed .08 % or more, they typically do not receive a fine of $100 to $500 and 20 hours of community service. However, drivers under the age of 21 with a BAC content of .08% or more will face the same penalties as other drivers.

Implied Consent: Yes

Enhanced Penalties: Prior convictions within 10 years of each other; an aggravated offense with a BAC of .15% or more within two hours of driving; driving with a child under 12 years old in the car; speeding in excess of 30 miles per hour or more; a refusal charge that is your second refusal charge or after; an accident resulting in serious death or physical injury; or operating your car the wrong way down a public highway

All offenders are subject to penalties such as completing a substance abuse program, alcohol treatment, or community service at the discretion of the judge. Other penalties include:

• First offense: a mandatory minimum imprisonment term of 48 hours and no more than 30 days in the county jail, and a $200 to $500 fine. In some cases, you can ask the judge to allow you to do community work service hours instead of paying the fine or spending time in jail. If there are any aggravating circumstances, you will face a mandatory minimum of 4 days in jail.
• Second offense: a mandatory minimum imprisonment term of 7 days to 6 months in the county jail and $350 to $500 in fines. You may be required to do up to 6 months of community service. If any aggravating factors are present, you will face a mandatory minimum of 14 days in jail.
• Third offense: A mandatory minimum term of imprisonment of not less than 30 days to up to 1 year in the county jail, a $500 to $1,000 fine, and an additional 30 days to 12 months of community work service. If any aggravating factors are present, you will face a mandatory minimum of 60 days.
• Four or more offenses: This is a Class D felony with penalties of 1 to 5 years in prison, a fine up to $5,000, and a mandatory minimum of 120 days imprisonment.

Driving Under the Influence in Kentucky

Kentucky has an “illegal per se” provision which means that it is illegal to drive with a BAC of 0.08% or higher within two hours of driving or being in physical control of the vehicle.  Even if you are sitting in the car with keys nearby, you could face a charge if your BAC was 0.08 % or higher within two hours of you being in physical control with the ability to operate your car.

Kansas DUI Defense Strategies

Even if you feel ok to drive, you can be arrested for DUI if you’re stopped and you either show signs of impairment or your BAC is over the legal limit. However, you may be able to challenge the chemical testing equipment and the reason for the traffic stop. An experienced DUI defense attorney can explain the process, guide you through your legal options, and help protect your rights.