DUI Defense Charges in Kentucky

Kentucky charges impaired driving under KRS 189A.010. Whether an offense counts as a first, second, third or fourth is decided on a ten-year look-back, so the date of a prior conviction matters as much as the fact of it. The license suspension below is administered by the Transportation Cabinet and runs separately from anything the criminal court does.

What the statute carries

First offense6-month suspension, or 4 months with an approved ignition interlock device
Second offense18-month suspension, or 12 months with the device
Third offense36-month suspension, or 18 months with the device
Fourth offense60-month suspension, or 30 months with the device

Source: KRS 189A.010. Checked 2026-09-20.

Three things people get wrong

  • The look-back period for counting prior offenses is ten years.
  • Every offense level requires an approved alcohol or substance abuse program; for a second through fourth offense that program runs a year.
  • Aggravating circumstances listed in the statute raise the mandatory minimum, so two first offenses are not necessarily treated alike.

Questions people ask about this charge

How Kentucky grades an offense

GradePrison or jailFine
Class A felony20 to 50 years, or life$1,000 to $10,000, or double the gain
Class B felony10 to 20 years$1,000 to $10,000, or double the gain
Class C felony5 to 10 years$1,000 to $10,000, or double the gain
Class D felony1 to 5 years$1,000 to $10,000, or double the gain
Class A misdemeanorUp to 12 monthsUp to $500
Class B misdemeanorUp to 90 daysUp to $250
ViolationNo jailUp to $250

Sources: KRS 532.060, KRS 532.090, KRS 534.030, KRS 534.040.

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Understanding DUI Charges in Kentucky: What You Need to Know

What a Kentucky DUI charge involves: the ten-year look-back, license suspension periods, the court process and how first offenses are treated.

Author:

Kentucky Defense Lawyers Editorial Team

Read Time:

8 min read

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