What are the penalties for driving under the influence in Kentucky?

In the Commonwealth of Kentucky, each time you are charged with a DUI the penalties are enhanced. As long as the previous offense occurred within a five-year period, any subsequent DUI is subject to enhancement of penalties. Some counties use offenses outside the five-year period if there has been a subsequent offense, effectively “resetting” the clock, while others will only look back a total of five years.

For example, in the first instance, if a person is charged with a DUI first offense in 2005, a DUI second offense in 2008, and receives another DUI in 2012, that “third” DUI will be counted as a DUI third offense, despite the fact that the 2005 DUI is outside the five-year window. However, in the second instance, the “third” DUI will be counted as a second offense because only one prior DUI falls within the five-year period, namely the one that occurred in 2008.

If you have been charged with a DUI and you are under the age of 21, read the section on under 21 DUI, as it carries different penalties with it.

Listed below are the penalties for each DUI offense per KRS 189a.010(5).

First Offense Within a Ten Year Period (KRS 189a.010(5)(a))

  • $200 – 500 Fine
  • 2 to 30 Days in Jail*
  • 90 Days of 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

Second Offense Within a Ten Year Period (KRS 189a.010(5)(b))

  • $350-500 Fine
  • 7 Days – 6 Months in Jail*
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 12 to 18 Month License Suspension
  • 10 Days-6 Months Community Labor

*If aggravating circumstances present-14 days imprisonment

Third Offense Within a Ten Year Period (KRS 189a.010(5)(c))

  • $500 – 1,000 Fine
  • 30 Days-12 Months Jail*
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 24 to 36 Month License Suspension
  • 10 Days-12 Months Community Labor

*If aggravating circumstances present-60 days imprisonment

Fourth Offense Within a Ten Year Period (KRS 189a.010(5)(d))

  • Class D Felony
  • Minimum Term 120 Days Imprisonment Without Probation*
  • 1 Year of Alcohol or Substance Abuse Treatment
  • 60 Month License Suspension

*If aggravating circumstances present-240 days imprisonment

If you have been charged with a DUI, you need competent and experienced counsel to help you with your case. Do not delay, call the DUI Guy today.

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