DUI Penalties
KRS 189A.010 — 0.08, or under the influence; 0.02 under twenty-one; jail and fines rising over ten years
No one drives or is in physical control of a motor vehicle anywhere in the Commonwealth with an alcohol concentration of 0.08 or more within two hours of driving, while under the influence of alcohol or another substance that impairs driving, or with a listed controlled substance in the blood. For a person under the age of twenty-one, the limit is 0.02.
| Offense within ten years | Jail | Fine |
|---|---|---|
| Offense within ten yearsFirst | Jail48 hours to 30 days, or a fine, or both | Fine$200 to $500 |
| Offense within ten yearsSecond | JailSeven days to six months | Fine$350 to $500 |
| Offense within ten yearsThird | Jail30 days to 12 months | Fine$500 to $1,000 |
| Offense within ten yearsFourth or later | JailClass D felony | FineAs for the class |
Aggravating circumstances raise the minimum jail terms, to four days for a first offense and 14 days for a second. A driver under twenty-one over 0.02 but not otherwise in violation is fined $100 to $500, or sentenced to 20 hours of community service.
Sources for this section (1)
- KRS 189A.010 — Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating circumstances
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.