How Long Does a DUI Stay on Your Record in Kentucky?
Three different clocks run at once. A Kentucky DUI conviction stays on your criminal record permanently unless you expunge it. It counts as a prior offense for enhancement purposes for ten years, which is the look-back period in KRS 189A.010. And it can be petitioned for expungement five years after you finish the sentence or probation, whichever is later.
Checked against the current statute on .
The three clocks
| Clock | How long | What it affects |
|---|---|---|
| Criminal record | Permanent unless expunged | Background checks, employment, licensing |
| Enhancement look-back | 10 years | Whether the next DUI is charged as a second, third or fourth |
| Expungement eligibility | 5 years after sentence or probation ends | When you may petition to have it removed |
Source: KRS 189A.010, KRS 431.078. Checked 2026-09-20.
License suspension runs separately
The suspension is administered by the Transportation Cabinet and is not the same thing as the criminal record. These are the periods Kentucky publishes, with the shorter figure applying where an approved ignition interlock device is used.
| Offense | Suspension | With interlock device |
|---|---|---|
| First | 6 months | 4 months |
| Second | 18 months | 12 months |
| Third | 36 months | 18 months |
| Fourth | 60 months | 30 months |
What expungement does and does not reach
- Expunging the conviction removes the criminal record of it. It does not erase the driving history the Transportation Cabinet holds, which is a separate system.
- An expunged DUI still counts as a prior within the ten-year look-back. Expungement is not a reset on enhancement.
- A first or second DUI is a misdemeanor, so it goes through KRS 431.078 at a $100 filing fee. A fourth offense within ten years is a Class D felony and would have to qualify under KRS 431.073 instead.
- The five-year wait starts when supervision ends, not at conviction. People routinely miscount this.
Common questions
How long does a DUI stay on your driving record in Kentucky?
Kentucky uses a ten-year look-back for counting prior DUI offenses under KRS 189A.010, so a DUI affects how the next one is charged for ten years. The Transportation Cabinet's own driving history is separate from the criminal record and is not cleared by a criminal expungement.
Can you get a DUI expunged in Kentucky?
Yes, if it was a misdemeanor, which a first or second offense is. You petition under KRS 431.078 no sooner than five years after you complete the sentence or successfully complete probation, whichever is later, and the filing fee is $100. The court sets a hearing no sooner than 30 days after filing.
Is a DUI a felony in Kentucky?
Not for a first, second or third offense within the ten-year look-back; those are misdemeanors. A fourth or subsequent offense within ten years is a Class D felony, carrying one to five years. Aggravating circumstances listed in KRS 189A.010 raise the mandatory minimum without changing the grade.
Can a DUI be dismissed in Kentucky?
It can. The usual routes are a defect in the stop, problems with how the breath or blood test was administered or maintained, or a failure of proof on operation. Whether any of that is available depends entirely on the facts, and it is the kind of assessment that needs a lawyer looking at the discovery in your case.
What are the penalties for a first-time DUI in Kentucky?
A first offense carries a fine in the $200 to $500 range and a jail term of 48 hours to 30 days, and recent amendments let a court impose one, the other, or both rather than requiring both. A six-month license suspension applies, reduced to four months with an approved ignition interlock device, and a 90-day alcohol or substance abuse program is required.
How long is the look-back period for DUI in Kentucky?
Ten years. Whether an offense is charged as a first, second, third or fourth depends on convictions within the preceding ten years, so the dates of prior convictions matter as much as the fact of them.