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What Are The Penalties For A First Offense?

Fine: $200.00­$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.) Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be assessed, the penalty not assessed can be suspended, probated or subject to conditional discharge or early release. For example, a judge can impose a fine of between $200.00 and $500.00 plus 48 hours in jail and probate or conditionally discharge the jail term. Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days. License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated. Any non­resident driver's home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non­resident's license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non­resident's home state. A "not guilty" verdict or other non­DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non­DUI disposition. Alcohol and Drug Assessment and Treatment: Ninety days.

Other Kentucky Drunk Driving Defense FAQs

  • Q: What Is Dui In Kentucky?
    A: Motorists in Kentucky can be charged with five different DUI violations. Kentucky's different types of DUI are: (1) operating or in physical control of a motor vehicle … More
  • Q: What Is "under The Influence Of Alcohol"?
    A: The prosecutor only has to prove a motorist was "under the influence of alcohol." This type of case is pursued even if no alcohol content test result exists from a … More
  • Q: What Is "per Se" Dui?
    A: This law is also known as the "per se" DUI offense. It would be more accurate to call this driving with an unlawful blood, breath or urine alcohol level. To prove this … More
  • Q: How Is A Dui Case Proven?
    A: When there is a blood, breath or urine test result "in evidence" there are two separate ways the prosecution may seek to prove a DUI case: (1) by proving "under the … More
  • Q: What Is Dui Impairment "other Substances"?
    A: You can be prosecuted for a DUI involving drugs even where a physician prescribes the drugs. Generally these cases often involve "other" substances (marijuana, … More
  • Q: What Are The Legal Limits Of Alcohol?
    A: An alcohol content reading of 0.02 or higher is the level for per se (legally DUI) intoxication for persons under the age of 2l at the time of arrest that are accused … More
  • Q: What Is A "Repeat Offender"?
    A: "Repeat offender" status for DUI cases is determined in Kentucky based upon a five­year "lookback" period. This status is used for purposes of … More
  • Q: What Are The Penalties For A Second Offense?
    A: Fine: $350­$500 (plus statutory service fee of $200.00 and other miscellaneous costs.) Jail: seven days to six months. A fine and jail time are imposed for all … More
  • Q: What Are The Penalties For A Third Offense?
    A: Fine: $500­$1,000. Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively. Community Service: Not less … More
  • Q: What Are The Penalties For A Fourth Offense?
    A: Fine: $1,000­$10,000. Jail: Class D felony. One to five years. At least 120 days of the sentence must be served. License Revocation: 60 months. No hardship … More
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