DUI Offenses & Penalties in Kentucky

Kentucky imposes increasingly severe penalties for DUI convictions. Understanding the consequences you face is the first step toward building an effective defense. Based in Georgetown, Attorney Ashley Larmour helps clients in Scott County and throughout Central Kentucky navigate the complexities of Kentucky DUI law and works to achieve the best possible outcome at every stage.

License Suspension Periods

Your driving privileges are at immediate risk following a DUI arrest. Under KRS 189A.070, a conviction brings these suspension periods:

• 1st Offense — 6 months (4 months with an ignition interlock license and 90 straight compliant days)
• 2nd Offense — 18 months (12 months with an interlock license and 120 straight compliant days)
• 3rd Offense — 36 months (18 months with an interlock license and 120 straight compliant days)
• 4th+ Offense — 60 months (30 months with an interlock license and 120 straight compliant days); felony DUI

Fines & Financial Penalties

DUI fines in Kentucky start at $200 for a first offense and increase substantially with each subsequent conviction. Additional costs include court fees, substance abuse treatment programs, and increased insurance premiums that can last for years. For a full breakdown of fines, fees, and mandatory program costs at each offense level, see our guide to DUI penalties in Kentucky.

Jail Time

Even a first-offense DUI in Kentucky can mean up to 30 days in jail, and jail becomes mandatory with an aggravating factor or on a second offense. Penalties increase with each subsequent offense:

• 1st Offense — 48 hours to 30 days, a $200 to $500 fine, or both (4 days mandatory with an aggravator)
• 2nd Offense — Minimum 7 days, up to 6 months (14 days mandatory with an aggravator); see our 2nd offense DUI guide
• 3rd Offense — Minimum 30 days, up to 12 months (60 days mandatory with an aggravator)
• 4th+ Offense — Class D felony; 1 to 5 years, with 120 days mandatory (240 with an aggravator)

Ignition Interlock Device

For an alcohol-related DUI, an ignition interlock license is the only license available during the suspension (KRS 189A.340). It limits you to vehicles with a working interlock device, which requires a passing breath test before the vehicle will start:

• Duration — the length of the suspension, and until you complete 90 straight compliant days (first offense) or 120 (later offenses)
• Cost — Installation and monthly monitoring fees paid by the defendant
• Benefit — lets you drive during the suspension and can shorten it, for example from 6 months to 4 on a first offense

Six Aggravating Factors

Kentucky law identifies six aggravating factors that significantly enhance DUI penalties: excessive speed (30+ mph over the limit), traveling the wrong direction on a highway, causing injury or death, BAC of 0.15% or higher, refusing a breath test (on a second or later offense), and transporting a child under 12. The presence of any aggravating factor results in mandatory minimum sentences and additional penalties.