Kentucky DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) and driving while intoxicated (DWI) are prosecuted in the State of Kentucky. While the official term is DUI (Driving Under the Influence), some people still use DWI informally. The state enforces strict driving laws and has severe penalties for repeat offenders, as well as a strong focus on treatment programs.

What Is a DUI in Kentucky?

Under Kentucky Laws, DUI involves driving or being in physical control of a motor vehicle while impaired by alcohol, drugs, or a combination. Other illegal substances include illicit drugs, prescription medications, and other intoxicants such as gasoline, spray paint, and glue. There is a legal threshold for blood alcohol content (BAC) impairment in individuals caught in DUI in Kentucky. An overview is stated below:

• 0.08% BAC for drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance)

DUI Penalties in Kentucky

Kentucky penalizes individuals based on the severity of the crime. The state establishes minimum jail terms for drivers convicted of DUI and the presence of other aggravating circumstances. Such aggravating factors include:

• driving 30 mph or more over the speed limit
• transporting minors under 12 years of age
• causing injury or leading to the death of passengers
• refusing to take a test.
• Caught with an alcohol level of 0.15 or more within two hours of driving a vehicle.

The adjudicate penalties for DUI offenders who are more than 21 years of age. They include:

• First DUI Offense within five years (Misdemeanor):
  • Jail from 2 to 30 days
  • Fine from $200 to $500
  • License suspension for 30 to 120 days
  • Mandatory alcohol/drug education or treatment program for 90 days
  • Possible community labor (between 48 hours and 30 days)
• Second DUI Offense within five years:
  • Jail time from 7 days to 6 months
  • Fine from $350 to $500
  • License suspension for 12 to 18 months
  • Ignition interlock device (IID) requirement after reinstatement
  • Mandatory treatment program for one year
  • Community labor from 10 days to 6 months
• Third DUI Offense with five years:
  • Jail from 30 days to 12 months
  • Fine from $500 to $1,000
  • License suspension for 24 to 36 months
  • IID requirement for reinstatement
  • Community labor from 10 days to 12 months
• Fourth or Subsequent DUI (Felony):
  • Class D felony
  • Suspension of driving license for 60 months
  • Minimum of four months in jail without the possibility of probation
  • Mandatory treatment program for one year
  • IID requirement after reinstatement

The five years are measured from the date on which the offense occurred. Kentucky applies a 10-year look-back period, meaning prior DUI convictions within the last ten years will lead to severe penalties for subsequent offenses.

DUI Arrest and Court Process in Kentucky

DUI cases in Kentucky involve both administrative penalties and may lead to criminal court proceedings:

1. Traffic Stop and Arrest – Law enforcement officers may stop a vehicle to perform field sobriety and chemical testing on the driver. Any refusal by the driver to stop their vehicle leads to automatic license suspension under Kentucky’s implied consent law.
2. Booking and Charges – The driver is then booked, fingerprinted, and charged under the state’s DUI laws.
3. Administrative License Suspension – The Kentucky Transportation Cabinet imposes license suspensions on drivers, which may be contested in a court hearing.
4. Arraignment – The defendant is informed of charges and enters a plea.
5. Pre-Trial Hearings – Defense attorneys may file motions to suppress evidence or negotiate a plea.
6. Trial – If no plea bargain is reached, the case then proceeds to trial.
7. Sentencing – If convicted of the crime, the driver is sentenced to spend jail time, pay fines, suspension, an IID, and treatment. However, first offenders may be eligible for reduced penalties through plea agreements.

How to Search for DUI Records in Kentucky

In Kentucky, DUI records typically include information such as blood alcohol content (BAC), conviction status, sentencing details, and license restrictions. DUI records are part of public records in the state and may be accessed by individuals through multiple systems, including:

• Kentucky Court of Justice (CourtNet or KYeCourts): The state judicial branch offers online portals that allow individuals to view DUI cases by using the offender’s name or case number.
• Kentucky Transportation Cabinet (Division of Driver Licensing): They maintain official driving records, including DUI convictions, suspensions, and IID requirements in the state.
• County Circuit Court Clerk: They provide certified case files and sentencing orders to the public.
• Kentucky State Police: Offers statewide criminal history reports (for authorized requests).
• Third-Party Background Check Services: Certain parties or websites offer quick DUI record data to individuals, but the accuracy varies.

How Long Does a DUI Stay on Your Record in Kentucky?

In Kentucky, the impact of a DUI on an individual’s driving license varies by record type:

• Criminal Record: DUI convictions, such as felony DUI, remain permanent. However, Kentucky does allow DUI records to be expunged after 10 years for first-offense misdemeanors if no other crimes are committed.
• Driving Record: DUI convictions stay on a Kentucky driving record for 10 years, aligning with the state’s look-back period.
• Insurance and Employment: A DUI conviction may raise insurance rates for 3–5 years and may lead to limited employment opportunities.
• Housing issues: Potential landlords may run a background check on individuals. When they see a DUI record, they may deny or reject such an individual's application.

Kentucky enforces strict DUI laws, with escalating penalties and felony charges for fourth and subsequent convictions. The state uses DUI as the legal term, and aggravating factors mandate harsher sentences, even for first-time offenders. DUI records are public and accessible through Kentucky courts and the Division of Driver Licensing. While first-offense misdemeanors may be expunged after 10 years, most DUI convictions remain permanent. For drivers, employers, and researchers, it is important to understand Kentucky’s DUI laws due to their long-lasting impact on the convicted individuals.