Kentucky DUI Laws: Penalties, BAC Limit & License (2026)

In Kentucky the offense is called driving under the influence (DUI), and KRS 189A.010 makes it unlawful to operate a motor vehicle with an alcohol concentration of 0.08 or more. A first DUI is a misdemeanor punishable by 48 hours to 30 days in jail, a fine of $200 to $500, and a license suspension administered by the Kentucky Transportation Cabinet.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Kentucky

Kentucky's core DUI statute, KRS 189A.010, creates several ways to charge the offense. Subsection (1)(a) is the per se rule: it is unlawful to operate a motor vehicle with an alcohol concentration of 0.08 or more taken within two hours of driving. Subsection (1)(b) covers driving while under the influence of alcohol that impairs the ability to operate, and other subsections reach drugs and combined substances, so a driver below 0.08 can still be convicted on proof of impairment. Drivers under 21 fall under subsection (1)(f), which sets a 0.02 zero-tolerance limit. Commercial drivers are held to a 0.04 standard under Kentucky's commercial-license rules, consistent with the federal CDL benchmark. The 0.08 figure is the federal standard adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.15 or more is an aggravating circumstance under KRS 189A.010(11).

First-offense DUI penalties in Kentucky (jail, fines, suspension)

A first DUI under KRS 189A.010 is a misdemeanor. KRS 189A.010(5)(a) provides for a fine of not less than $200 nor more than $500 and imprisonment in the county jail for not less than 48 hours nor more than 30 days, or both. A statutory service fee and court costs apply on top of the base fine. In place of fine or jail, a first offender may apply to the judge for a community labor program of 48 hours to 30 days. If an aggravating circumstance is present, the statute imposes a mandatory minimum of four days in jail that cannot be suspended. The license suspension for a first offense is set by KRS 189A.070(1)(a) and administered by the Kentucky Transportation Cabinet. It runs six months for most drivers, or four months for a driver who holds an ignition interlock license and meets the 90 consecutive violation-free day requirement within the first four months.

Watch out: Refusing the chemical test does not protect your license. A refusal results in a court-ordered suspension at arraignment under KRS 189A.105, and on a second or third conviction it doubles the mandatory minimum jail you would have faced had you taken the test. A breath-test refusal may also be used against you in court as evidence, while a blood-test refusal may not, though it still costs you the license.

Ignition interlock requirements in Kentucky

Kentucky channels DUI driving privileges through the ignition interlock license under KRS 189A.340. When a license is suspended for a DUI, the statute provides that the only license the person is eligible for is an ignition interlock license, which replaced the older hardship-license system for most DUI suspensions. A first-time, non-aggravated offender is not required to install the device, but doing so is the only way to keep driving during the suspension and it shortens the suspension period. The device locks the vehicle if it detects a breath alcohol level of 0.02 or more and requires repeated retests while driving. The interlock restriction stays in place until the Transportation Cabinet receives a provider report showing 90 consecutive violation-free days on a first offense, or 120 days for a later offense.

License suspension and the administrative (ALS) process in Kentucky

Kentucky is primarily a suspend-at-conviction state, which sets it apart from states that pull the license administratively at arrest. For a typical first offense with no refusal or aggravator, the operative suspension comes after conviction and is administered by the Kentucky Transportation Cabinet. The statute does create a pretrial path: under KRS 189A.200, the court suspends the license at arraignment in three situations, namely a test refusal, a repeat offender with a prior DUI or refusal in the past 10 years, or a crash causing death or serious physical injury. For those pretrial suspensions the court may or must require the driver to apply for an interlock license. To reinstate after the suspension, a driver pays the reinstatement fee, completes any required alcohol or substance program, and meets the interlock conditions.

Repeat offenses and the Kentucky look-back period

Kentucky counts prior DUIs within a 10-year look-back window, and KRS 189A.010(10) directs that the period be measured from the dates the offenses occurred. The look-back was extended from five years to 10 years in 2016, so older agency flyers that still reference five years are out of date. A second DUI within 10 years carries seven days to six months in jail and a longer suspension, and a third within 10 years carries 30 days to 12 months and a still longer suspension. The felony threshold sits at the fourth offense: under KRS 189A.010(5)(d), a fourth or subsequent DUI within 10 years is a Class D felony, and KRS 189A.010(8)(b) sets a minimum term of imprisonment of 120 days that cannot be probated. If an aggravating circumstance is present, KRS 189A.010(5)(d) raises the non-suspendable minimum to 240 days. A DUI that causes death or serious physical injury is an aggravating circumstance under the statute, and a fatal or injury crash is typically prosecuted under Kentucky's separate homicide and assault statutes, which are felonies.

Watch out: The interlock license is now the main way to drive after a Kentucky DUI suspension, and Kentucky abolished the old hardship license for most DUI cases. If you wait out the full suspension without installing a device, you generally cannot drive legally at all during that period.

Refusing a breath or blood test in Kentucky

Kentucky's implied consent law, in KRS 189A.105, provides that a person who refuses a chemical test faces immediate license consequences. The statute states that a refusal results in suspension of the driving privilege and that the court suspends the license at arraignment. The evidentiary consequence depends on which test was refused: under KRS 189A.105(2)(a)1.a. the fact of a breath-test refusal may be used against the driver in court as evidence of violating KRS 189A.010, while KRS 189A.105(2)(a)2.a. provides that the fact of a blood-test refusal shall not be used against the driver as evidence, although it still results in the arraignment suspension. On a second or third conviction within 10 years, refusal subjects the driver to a mandatory minimum jail sentence twice as long as the minimum that would apply had the test been taken. Refusing a breath test is an aggravating circumstance under KRS 189A.010(11)(e), although the statute provides that it is not treated as an aggravator on a first offense; a blood-test refusal is not listed as an aggravating circumstance. Even after a refusal, the driver may be eligible immediately for an ignition interlock license under KRS 189A.105.

Can you expunge or seal a DUI in Kentucky

A Kentucky DUI conviction is generally not eligible for expungement while it remains enhanceable. Under KRS 431.078, an offense that is subject to enhancement for a second or subsequent offense cannot be expunged until the enhancement period has run. Because a misdemeanor DUI is enhanceable across the 10-year look-back in KRS 189A.010, it does not become eligible for misdemeanor expungement until that 10-year window has passed, and then only if the person meets the standard conditions, including no disqualifying convictions in the preceding five years and no pending charges. Charges that were dismissed, that ended in acquittal, or that were amended to a non-DUI offense follow a separate path and can be expunged. The Kentucky Court of Justice requires an expungement certification before a petition is filed.

What to do after a DUI arrest in Kentucky

A Kentucky DUI generates a criminal case in court, and in refusal, repeat, or serious-injury cases it also generates a pretrial license suspension. The deadlines move quickly, so many people gather the citation, the arrest paperwork, and any test results right away. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution, and a license suspension typically follows a conviction. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Since the interlock license is the only way to keep driving during a suspension, have a Kentucky DUI attorney review the charge and that license option in a free consultation (attorney advertising). Keep copies of all paperwork in a safe place, because you will need them for both the court case and any license reinstatement.

More Kentucky Laws

• Kentucky Expungement Laws
• Kentucky Warrant Search

Frequently Asked Questions

What is the BAC limit in Kentucky?

The per se limit is 0.08 alcohol concentration for drivers 21 and older under KRS 189A.010(1)(a). Commercial drivers are limited to 0.04, and drivers under 21 face a 0.02 zero-tolerance limit under KRS 189A.010(1)(f). A BAC of 0.15 or more is an aggravating circumstance.

How long do you lose your license for a first DUI in Kentucky?

Under KRS 189A.070(1)(a), a first DUI suspension runs six months for most drivers. A driver who holds an ignition interlock license and meets the 90 consecutive violation-free day requirement within the first four months serves four months instead and can keep driving during the suspension.

Is a first DUI a felony in Kentucky?

No. A first DUI is a misdemeanor. A DUI becomes a Class D felony on the fourth offense within 10 years under KRS 189A.010(5)(d). A crash causing death or serious injury can also be charged under separate felony homicide or assault statutes.

Do you need an interlock for a first DUI in Kentucky?

A first-time, non-aggravated offender is not required to install an ignition interlock device. However, under KRS 189A.340 the interlock license is the only way to keep driving during the suspension, so many first offenders install one to avoid losing all driving privileges.

What happens if you refuse a breathalyzer in Kentucky?

Under implied consent in KRS 189A.105, refusing a breath test triggers a court-ordered license suspension at arraignment and the refusal may be used against you in court as evidence. Refusing a blood test also costs you the license at arraignment, but that refusal may not be used against you as evidence. On a second or third conviction, refusal doubles the mandatory minimum jail you would otherwise face.

How long does a DUI stay on your record in Kentucky?

A DUI counts as a prior for 10 years under KRS 189A.010, and because of the expungement enhancement bar in KRS 431.078, it generally cannot be expunged until that 10-year window has passed. The conviction otherwise remains on the record.

Can you get a DUI expunged in Kentucky?

Not while it is still enhanceable. Under KRS 431.078, a DUI cannot be expunged until the 10-year enhancement period runs, and then only if you meet the standard conditions. Dismissed, acquitted, or amended charges can be expunged through a separate process.

What is the look-back period for DUI in Kentucky?

Kentucky uses a 10-year look-back period, measured from the dates the offenses occurred, under KRS 189A.010(5) and (10). The period was extended from five years to 10 years in 2016, so prior DUIs within 10 years enhance later offenses.