Kentucky DUI Penalties
Implied Consent Laws
Laws involve drivers suspected of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Kentucky, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this verification is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Kentucky, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more harsh punishment for those convicted of DUI with a particularly high blood-alcohol content at the time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Kentucky.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Kentucky’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Kentucky, for the primary DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The punishment of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a option in some states, generally for repeat offenders. This is not a penalty option in Kentucky.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s vehicle and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a opportunity in some states, this is not an option in Kentucky.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol learning and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug addiction can be required for DUI offenders in Kentucky. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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