A person believed to be under the influence of drugs or alcohol in the state of Kentucky can be charged with a Kentucky DUI. While it is clear what alcohol is, some drugs that Kentucky DUI laws prohibit because they decrease your ability to operate a vehicle include but are not limited to, prescription drugs, inhalants such as glue or paint, and some over the counter medications.
While a blood alcohol concentration under .08 is legal under Kentucky DUI law, if you clearly showed an inability to operate a vehicle at a level under .08 you can be charged with a DUI in Kentucky. Any person under the legal drinking age of 21 that shows a blood alcohol level of .02 or greater can be charged with a DUI in Kentucky.
After charged with a DUI in Kentucky, you are given a $200-$500 fine and can face 2-30 days in jail. The guilty person must wait for the end of a license suspension before driving again which can last 30-120 days. You may also be placed in a alcohol-substance abuse program. Community service is sometimes enforced.
If you commit a second Kentucky DUI within 5 years of the first crime you face similar but harsher penalties. The fine is $350-$500 and there is required community service lasting up to 6 months. The jail sentence ranges from 7 days to 6 months in jail. There is a 1 year alcohol-substance abuse treatment policy as well as a 12-18 month license suspension.
A third Kentucky DUI within a five year period calls for a jail sentence of at least 30 days and up to one year. The fine raises to $500-$1000 and your license may be taken away for 24-36 months. An alcohol-substance abuse treatment class must be taken for one year.
A fourth DUI in Kentucky is a class D felony. The minimum jail term in 120 without probation. The guilty person loses their license for 60 months and must attend alcohol-substance treatment classes.
Depending on certain aggravating circumstances, the court has the right to increase the number of days spent in jail for each offense. These circumstances include:
1. Going 30mph over the speed limit.
2. Driving the wrong way on a limited access highway.
3. Causing an accident that results in death or serious injury.
4. Blood Alcohol level of .18 or more within 2 hours of operating vehicle.
5. Refusal to submit to testing.
6. Transporting passengers under 12 years of age.
Kentucky has a implied consent policy which states that any person operating a vehicle has given up their right to refuse a sobriety test. Therefore, simply declining to take a sobriety test to avoid a DUI in Kentucky will not get you out of legal trouble. Actually, refusing to take a sobriety test to avoid a Kentucky DUI will land you in even more trouble than a standard Kentucky DUI.