KENTUCKY DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
KENTUCKY DUI/ DWI REGULATIONS
In Kentucky, the Blood Alcohol Content (BAC) limit is set at:
0.15% – is considered “High BAC” for drivers over 21 years of age
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Kentucky automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being suspended for 30 to 120 days for your 1st offense, 12 to 18 months for your 2nd offense, 24 to 36 months for your 3rd offense and 60 months for the 4th and subsequent offense. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
KENTUCKY DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
- It is not legal for vehicle occupants to have an open alcohol container in the vehicle.
- You will be detained in custody after arrest if your BAC is over 15%.
- The license plates of all vehicles owned by you may be impounded for a 2nd or subsequent offense.
1st Offense
- Is treated as a Class B Misdemeanor.
- Imprisonment for 2 to 30 days.
- A $200 to $500 fine.
- 8 points will be added to your driving record.
- Your license will be suspended for 30 to 120 days.
- You may be eligible to drive using the Hardship License for an up to $200 fee if you meet the conditions, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
- You will have to undergo an alcohol or substance abuse treatment program for 90 days.
- You may have to undertake community labor for 48 hours to 30 days.
- Combined with aggravating circumstances you will face mandatory imprisonment for 4 days.
2nd Offense
(“repeat offender”)
- Imprisonment for 7 days to 6 months.
- A $350 to $500 fine.
- 12 points will be added to your driving record.
- Your license will be revoked for 12 to 18 months.
- You may be eligible to apply for a Hardship License for a fee up to $200 if you meet the conditions.
- You will have to undergo an alcohol or substance abuse treatment program for 1 year.
- You may have to undertake community labor for 10 days to 6 months.
- Combined with aggravating circumstances you will face mandatory imprisonment for 14 days.
3rd Offense
(in 10 years) “repeat offender”
- Imprisonment for 30 days to 12 months.
- A $500 to $1,000 fine.
- 12 points will be added to your driving record.
- Your license will be suspended for 24 to 36 months.
- You may be eligible to apply for a Hardship License for a fee up to $200 if you meet the conditions.
- You will have to undergo an alcohol or substance abuse treatment program for 1 year.
- You may have to undertake community labor for 10 days to 12 months.
- Combined with aggravating circumstances you will face mandatory imprisonment for 60 days.
4th Offense
(in 5 years) repeat offender
- Is treated as a Class D Felony.
- Imprisonment for a minimum 120 days without probation.
- A heavy fine.
- 12 points will be added to your driving record.
- Your license will be suspended for 60 months.
- You will have to undergo an alcohol or substance abuse treatment program for 1 year.
- Combined with aggravating circumstances you will face mandatory imprisonment for 240 days.
If you are under 21 years old:
- The license may be suspended for 30 days to 6 months.
- A $100 to $500 fine (or community labor for 20 hours) after the 1st conviction.
- The license may be suspended for 90 days after the 2nd conviction.
- The license may be suspended for 1 full year following the 3rd or subsequent conviction.
- Anyone under age 18 convicted of DUI will have their license revoked until they becomes 18 years old or as applicable, whichever is longer.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI with BAC of 0.08 or more.
KENTUCKY PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if any alcohol amount under 0.04% is detected.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
KENTUCKY ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Kentucky laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Kentucky driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Transportation Cabinet. The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If he has any alcohol related convictions or suspensions for this 5-year period, his license will be revoked, and if not, then it will be suspended. You may be eligible to drive using the Hardship License for a fee up to $200 if you meet the conditions after the final order of the hearing officer is mailed from the Transportation Cabinet.
KENTUCKY LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Transportation Cabinet, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Substance Abuse Traffic Offender Program or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $40, and maintain proof of financial responsibility, SR-22, if required.
- If you are being convicted for a 2nd or subsequent time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for 6 to 30 months subject to your offense.
- You can submit the reinstatement application and fees at a Transportation Cabinet office near you.
- You can pay reinstatement fees online for some categories of licenses by debit/credit card.