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Kentucky DUI Attorney
Looking for a Kentucky Lawyer specializing in drunk driving, DUI or DWI cases?

Have you been charged with drunk driving in Kentucky?
Received a Driving Under the Influence driving charge in Louisville?
Cited for Driving While Intoxicated (DWI) within Kentucky?
Want to learn more about your options if charged with DUI?

If you recently received DUI or DWI within the state of Kentucky, it's recommended that you speak with a lawyer who specializes in defending a drunk driving cases within the state of Kentucky. Cities where the most DUI where issued include Louisville, Frankfort, Lexington, Bowling Green, Owensboro and Bardstown, Kentucky. Here's more information about Kentucky (KY) DUI/DWI laws.

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Kentucky Drunk Driving Laws - KY DUI Laws

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue and/or over the counter medications. Kentucky's DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. Requires that test be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions.

*Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment.

*Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210

The changes in the new DUI law (Effective 10/01/00) establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist:

Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time:

1. Over 30 mph over speed limit

2. Wrong way on limited access highway

3. Causes accident resulting in death or serious physical injury

4. Alcohol level of .18 or more within 2 hours after operating

5. Refusal to submit to testing

6. Transporting passengers under 12 years of age



First Offense Within a Five Year Period

$200 - 500 Fine

2 to 30 Days in Jail

90 Day 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 Five Year Period

$350-500 Fine

10 Days-6 Months Community Labor

7 Days - 6 Months in Jail

1 Yr Alcohol or Substance Abuse Treatment

12 to 18 Month License Suspension

*If aggravating circumstances present-14 days imprisonment


Third Offense Within a Five Year Period


$500 - 1,000 Fine/30 Days-12 Months Jail

10 Day-12 Months Community Labor

Year Alcohol or Substance Abuse Treatment

24 to 36 Month License Suspension

*If aggravating circumstances present-60 days imprisonment


Fourth Offense Within a Five Year Period

Class D Felony

Minimum Term 120 Days Imprisonment Without Probation

60 Month License Suspension

1 Year Alcohol or Substance Abuse Treatment

*If aggravating circumstances present-240 days imprisonment



Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. The breath test is precise and efficient in measuring BRAC. 

It analyzes a breath sample to determine the amount of alcohol in the breath. A blood test measures the amount of alcohol in the blood. (Alcohol concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath)

License Suspension for Refusal to Take Alcohol or Subsequent Tests

It should be noted that all of the offenses listed below are for refusals within a five year period.

1st Offense 30 to 120 Days                3rd Offense 24 to 36 Months

2nd Offense 12 to 18 Months             4th Offense or subsequent-60 Months


Whether you are found guilty or innocent of the DUI charge, you will remain answerable for the Refusal and risk license suspension.


BAC - Stands for Blood Alcohol Concentration and refers to the amount of ethyl alcohol in the blood.

BRAC- Stands for Breath Alcohol Concentration and refers to the amount of ethyl alcohol in the breath.

Cities within Kentucky (KY) known to Enforce Drunk Driving
DUI or DWI laws including:



Bowling Green









Fern Creek



Fort Knox

Fort Mitchell

Fort Thomas






Highland Heights











Mount Washington









Pleasure Ridge Park







St. Matthews

Valley Station


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