What will happen if I drive while my license is suspended for DUI?

Driving in the Commonwealth of Kentucky is a privilege granted to an individual over the age of 16 (via permit) or over the age of 18 (via license) by the Department of Motor Vehicles. It is not a right, and therefore, if you fail to abide by the law, it may be revoked. The Kentucky Transportation Cabinet has a right to suspend your license if you violate the laws of the Commonwealth. (See Division of Driver Licensing, Department of Vehicle Regulation, Transportation Cabinet v. Bergmann, 740 S.W.2d 948, 951 (1987)).

One of the reasons it could be suspended is getting a DUI KRS 186.560(1)).

If your license is suspended for DUI, you will have twenty (20) days from the time your license is suspended to request a formal administrative hearing (601 KAR 12:025(10)(1)). Administrative hearing requests can be filed by you, but you have a much greater chance of success if you hire an attorney who can assess your case and present a well-reasoned argument to the Transportation Cabinet.

Driving on a DUI Suspended License (First Offense)

If your license is suspended as a result of a DUI conviction, and you are stopped while driving on a suspended license, the first time you are stopped, you will be subject to a penalty of not more than ninety (90) in jail and fined no more than $250.00. Your license shall be suspended for six months. However, If you are driving under the influence while DUI suspended, you will be subject to no more than 12 months in jail and fined no more than $500.00. You license will be suspended for one year. See KRS 189a.090(2)(a).

Driving on a DUI Suspended License (Second Offense)

If your license is suspended as a result of a DUI conviction, and you are stopped while driving on a suspended license, the second time you are stopped, you will be subject to a penalty of not more than twelve (12) months in jail and fined no more than $500.00. Your license shall be suspended for one year. However, If you are driving under the influence while DUI suspended, second offense, it is a class D felony, and you will be subject to one to five years in jail and fined no less than $1,000.00, but no more than $10,000. You license will be suspended for two years. See KRS 189a.090(2)(b).

Driving on a DUI Suspended License (Third or more Offense)

If your license is suspended as a result of a DUI conviction, and you are stopped while driving on a suspended license, the third or more time you are stopped, you will be charged with a class D felony, the penalty for which is one to five years in jail and fined no less than $1,000.00, but no more than $10,000. Your license shall be suspended for two years. However, If you are driving under the influence while DUI suspended, third or more offense, it is a class D felony, and you will be subject to one to five years in jail and fined no less than $1,000.00, but no more than $10,000. You license will be suspended for five years. See KRS 189a.090(2)(c).

Important Note

 Driving on a license that was suspended for DUI includes driving on an under-21 DUI suspension, refusal, pretrial, and interlock device suspensions.

If you were stopped for driving on a Kentucky DUI suspended license, you need competent and experienced counsel to help you with your case. Do not delay, call the DUI Guy today.