• State Penal Codes – KRS Chapter 189A
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Kentucky are:

1st Refusal

• 30 day license revocation (minimum)
• if convicted of DUI/DWI, jail penalty doubles

2nd Refusal

• 1 year license revocation (minimum)
• if convicted of DUI/DWI, jail penalty doubles

3rd Refusal

• 2 year license revocation (minimum)
• if convicted of DUI/DWI, jail penalty doubles

Kentucky is unique in terms of chemical test refusal penalties. A chemical test refusal is always factored into any resulting conviction.  If you are convicted of a DUI/DWI, and you refused a chemical test, the charge is automatically elevated to Aggravated DUI/DWI. As with any charge of Aggravated DUI/DWI, the penalties increase substantially.

In Kentucky the lookback period is 5 years
Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

• All penalties, whether Aggravated or not, are the same as those for a regular DUI/DWI for drivers of age
• See below for penalty details.

1st Offense

•  license suspension (30 day minimum, 120 day maximum)

• $200 – $500 fine
• Prison (2 days minimum, 30 day maximum)
• 90 day Alcohol or Substance Abuse Treatment Program

2nd Offense

• license suspension (1 year minimum, 18 month maximum)
• $350 – $500 fine
• Prison (7 – 10 day minimum, 6 month maximum)
• 1 year Alcohol or Substance Abuse Treatment Program
• Community Service (10 day minimum, 6 month maximum)

– Kentucky is unique in the way it applies an Aggravated DUI/DWI charge
– There exist more criteria for what constitutes an Aggravated charge than what is typically seen in other states
– The following criteria will incur a charge of Aggravated DUI/DWI regardless of your number of prior convictions:

• 30 miles or above over the posted speed limit
• wrong way on a limited access highway
• your impaired driving resulted in an accident that caused serious injury or death
• BAC of .15% or above within 2 hours of vehicle operation
• chemical test refusal
• passenger in the vehicle under 12 years of age- For a first offense there will be a 4 day minimum sentence. For a second offense within 5 years, a 14 day minimum jail sentence will be applied.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Kentucky does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply