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DUI Penalties in Kentucky

September 28, 2026 · LawDiver Research Team

If you only remember one point about DUI penalties in Kentucky, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail (often 48 hours to 30 days), license suspension, alcohol program, and ignition-interlock conditions. Felony threshold: A fourth DUI within 10 years (or aggravated circumstances) can be a felony; DUI causing serious injury or death can also be a felony. Procedure, examples, and the opinions below hang off Ky. Rev. Stat. § 189A.010. Lookback: Prior DUI convictions within 10 years (and longer for some felony tracks) enhance penalties.. Ignition interlock: Ignition interlock is commonly required for hardship/reinstatement privileges after DUI.

First-offense penalties

First-offense DUI is typically a misdemeanor with fines, possible jail (often 48 hours to 30 days), license suspension, alcohol program, and ignition-interlock conditions.

Walking through Kentucky facts

Use this walkthrough to see which Kentucky authority does the work at each step.

A driver in Kentucky is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail (often 48 hours to 30 days), license suspension, alcohol program, and ignition-interlock conditions.
Ask when the charge becomes a felony: A fourth DUI within 10 years (or aggravated circumstances) can be a felony; DUI causing serious injury or death can also be a felony. Lookback: Prior DUI convictions within 10 years (and longer for some felony tracks) enhance penalties.
Interlock: Ignition interlock is commonly required for hardship/reinstatement privileges after DUI.

Kentucky DUI under KRS 189A.010 proceeds in district court with parallel Transportation Cabinet license actions. Defense reviews the stop and Intoxilyzer record.

When a Kentucky DUI becomes a felony

A fourth DUI within 10 years (or aggravated circumstances) can be a felony; DUI causing serious injury or death can also be a felony.

Ignition interlock and license consequences

Ignition interlock is commonly required for hardship/reinstatement privileges after DUI.

How a typical Kentucky DUI case unfolds

Kentucky DUI under KRS 189A.010 proceeds in district court with parallel Transportation Cabinet license actions. Defense reviews the stop and Intoxilyzer record.

Case law: DUI penalties in Kentucky

COMMONWEALTH of Kentucky, Appellant, v. Sherry Lee RAMSEY, Appellee

COMMONWEALTH of Kentucky, Appellant, v. Sherry Lee RAMSEY, Appellee, 1996 Ky. LEXIS 38 (1996)

…appeal. Appellee was indicted by the Pulaski Grand Jury for Driving Under the Influence of Intoxicants, [hereinafter DUI] fourth offense, and Driving While License was Suspended, third offense. Prior to trial, appellee moved in limine to prohibit the introduction of her previous DUI convictions during the guilt phase of the trial. The Pulaski Circuit Court agreed with ap-pellee…

Practitioners open COMMONWEALTH of Kentucky, Appellant, v. Sherry Lee RAMSEY, Appellee when Kentucky DUI penalties turns on the distinction in this sentence: "Appellee was indicted by the Pulaski Grand Jury for Driving Under the Influence of Intoxicants, [hereinafter DUI] fourth offense, and Driving While License was Suspended, third offense." Do not lift it out of the facts the court was deciding.

COMMONWEALTH of Kentucky, Appellant, v. Jennifer LONG, Appellee

COMMONWEALTH of Kentucky, Appellant, v. Jennifer LONG, Appellee, 118 S.W.3d 178 (2003)

…monwealth appeals the Circuit Court’s order dismissing this driving under the influence case based on a denial of Jennifer Long’s (Long) right to an independent blood test under Kentucky Revised Statutes (KRS) 189A.108(7). This matter originated in Fayette District Court, was appealed by Long to Fayette Circuit Court, and is now before us upon our grant of discretionary review.…

Practitioners open COMMONWEALTH of Kentucky, Appellant, v. Jennifer LONG, Appellee when Kentucky DUI penalties turns on the distinction in this sentence: "Circuit Court’s order dismissing this driving under the influence case based on a denial of Jennifer Long’s (Long) right to an independent blood test under Kentucky Revised Statutes (KRS) 189A.108(7)." Do not lift it out of the facts the court was deciding.

COMMONWEALTH of Kentucky, Movant, v. Donald R. BALL, Respondent

COMMONWEALTH of Kentucky, Movant, v. Donald R. BALL, Respondent, 1985 Ky. LEXIS 231 (1985)

…010, known generally as the “slammer” bill, convictions for driving under the influence received prior to July 13, 1984 (the effective date of the present statute), can be used in applying the penalty section of the statute in determining whether a person so convicted is a second (multiple) offender. Respondent was cited for a violation of KRS 189A.010 on July 25, 1984, less th…

Kentucky opinions such as COMMONWEALTH of Kentucky, Movant, v. Donald R. BALL, Respondent are cited where DUI penalties is disputed. The court stated: "July 13, 1984 (the effective date of the present statute), can be used in applying the penalty section of the statute in determining whether a person so convicted is a second (multiple) offender. Respondent was cited for a violation of KRS 189A." That is the language to brief; the rest of the decision supplies the procedural posture.

Danny S. RATLIFF, Appellant, v. COMMONWEALTH of Kentucky, Appellee; And Leonard L. CARTER, Appellant, v

Danny S. RATLIFF, Appellant, v. COMMONWEALTH of Kentucky, Appellee; And Leonard L. CARTER, Appellant, v, 1986 Ky. App. LEXIS 1203 (1986)

…eir convictions by juries in the Fayette District Court for driving under the influence of alcohol, KRS 189A.010(1). Each appellant was determined to be a past offender of that statute or its predecessor, consequently each was accorded the mandatory enhanced sentences set out in KRS 189A.010(2). On appeal, they raise numerous common challenges to the statute of both a constitut…

Kentucky opinions such as Danny S. RATLIFF, Appellant, v. COMMONWEALTH of Kentucky, Appellee; And Leonard L. CARTER, Appellant, v are cited where DUI penalties is disputed. The court stated: "Fayette District Court for driving under the influence of alcohol, KRS 189A.010(1). Each appellant was determined to be a past offender of that statute or its predecessor, consequently each was accorded the mandatory enhanced sentences set out in KRS 189A.010(2)." That is the language to brief; the rest of the decision supplies the procedural posture.

James E. ALLEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee

James E. ALLEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee, 1991 Ky. App. LEXIS 125 (1991)

…her driver died. Mr. Allen has been indicted for Murder and Driving Under the Influence. [[Image here]] Mr. Allen was arrested at the scene for Driving Under the Influence and taken to the jail where he refused a Breathalyzer Test. Using the results of the Aleo Sensor III Test and other evidence, the police obtained a search warrant to take a blood sample from Mr. Allen, which…

On DUI penalties, James E. ALLEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee speaks to the Kentucky dispute in this passage: "Mr. Allen has been indicted for Murder and Driving Under the Influence. [[Image here]] Mr. Allen was arrested at the scene for Driving Under the Influence and taken to the jail where he refused a Breathalyzer Test." The surrounding opinion shows how the court applied that language to the record.

Horace William PAGE, Appellant, v. COMMONWEALTH of Kentucky, Appellee

Horace William PAGE, Appellant, v. COMMONWEALTH of Kentucky, Appellee, 2004 Ky. LEXIS 278 (2004)

…because he was afraid Appellant would get into trouble for driving under the influence. In his second call, after Appellant had cleaned off the dirt and blood from the accident from his body, Martin told the 911 operator that David Page had been driving Appellant’s car when the wreck occurred. Shawta and Bethany Birge were taken to Bowling Green Medical Center where they died…

Kentucky opinions such as Horace William PAGE, Appellant, v. COMMONWEALTH of Kentucky, Appellee are cited where DUI penalties is disputed. The court stated: "Appellant would get into trouble for driving under the influence. In his second call, after Appellant had cleaned off the dirt and blood from the accident from his body, Martin told the 911 operator that David Page had been driving Appellant’s car when the wreck occurred." That is the language to brief; the rest of the decision supplies the procedural posture.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior DUI convictions within 10 years (and longer for some felony tracks) enhance penalties.
First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail (often 48 hours to 30 days), license suspension, alcohol program, and ignition-interlock conditions.
Felony threshold: A fourth DUI within 10 years (or aggravated circumstances) can be a felony; DUI causing serious injury or death can also be a felony.
Ignition interlock: Ignition interlock is commonly required for hardship/reinstatement privileges after DUI.
Primary authority: Ky. Rev. Stat. § 189A.010.

Blood alcohol limits in Kentucky

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Lookback window for prior offenses

Prior DUI convictions within 10 years (and longer for some felony tracks) enhance penalties.

Frequently asked questions

What is the legal BAC limit in Kentucky?