Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Kentucky, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN KENTUCKY

In Kentucky, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%. High BAC means BAC of 0.15 or more when arrested.

Having a Kentucky license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyzer test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being suspended for 30-120 days for first offense, 12-18 months for second offense, 24-36 months for third offense and for 60 months for fourth and subsequent offense.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class B Misdemeanor and may result in imprisonment for two to 30 days and/or a $200- $500 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 8 points will be added to your driving record.
   • Your license will be suspended for 30 - 120 days.
   • You may be eligible to drive using the Hardship License for an up to $200 fee if you meet the conditions, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
   • You will have to undergo an alcohol or substance abuse treatment program for 90 days.
   • You may have to undertake community labor for 48 hours - 30 days.
   • Combined with aggravating circumstances you will face mandatory imprisonment for four days.
2. The second offense or two offenses in five years ("repeat offender") may result in imprisonment for seven days- six months and/or a $350 -$500 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • 12 points will be added to your driving record.
   • Your license will be revoked for 12-18 months.
   • You may be eligible to apply for a Hardship License for a fee up to $200 if you meet the conditions.
   • You will have to undergo an alcohol or substance abuse treatment program for one year.
   • You may have to undertake community labor for 10 days - six months.
   • Combined with aggravating circumstances you will face mandatory imprisonment for fourteen days.
3. The third offense or three offenses in ten years ("repeat offender") may result in imprisonment for 30 days -12 months and/or $500- $1000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. 12 points will be added to your driving record.
5. Your license will be suspended for 24-36 months.
6. You may be eligible to apply for a Hardship License for a fee up to $200 if you meet the conditions.
7. You will have to undergo an alcohol or substance abuse treatment program for one year.
8. You may have to undertake community labor for 10 days - 12 months.
9. Combined with aggravating circumstances you will face mandatory imprisonment for sixty days.
10. The fourth offense in a five-year period ("repeat offender") is treated as a Class D Felony and may result in imprisonment for minimum 120 days without probation and/or a fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
11. 12 points will be added to your driving record.
12. Your license will be suspended for 60 months.
13. You will have to undergo an alcohol or substance abuse treatment program for one year.
14. Combined with aggravating circumstances you will face mandatory imprisonment for 240 days.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be suspended for 30 days- six months and/or a $100-$500 fine (or community labor for 20 hours) after the first conviction.
2. The license may be suspended for 90 days after the second conviction.
3. The license may be suspended for a full year following the third or subsequent conviction.
4. Anyone aged under-18 convicted of DUI will have his/her license revoked up to he/she becomes 18 years old or as applicable whichever is longer.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI with BAC of 0.08 or more.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if any alcohol amount under 0.04% is detected.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Kentucky laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Kentucky driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Transportation Cabinet. The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period, his license will be revoked, and if not, then it will be suspended. You may be eligible to drive using the Hardship License for a fee up to $200 if you meet the conditions after the final order of the hearing officer is mailed from the Transportation Cabinet.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Transportation Cabinet, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the Substance Abuse Traffic Offender Program or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $40, and maintain proof of financial responsibility, SR-22, if required.
2. If you are being convicted for a second or subsequent time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for six to 30 months subject to your offense.
3. You can submit the reinstatement application and fees at a Transportation Cabinet office near you.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• It is not legal for vehicle occupants to have an open alcohol container in the vehicle.
• You will be detained in custody after arrest if your BAC is over 0.15.
• The license plates of all vehicles owned by you may be impounded for a second or subsequent offense.
• You may be eligible to apply for reduction in license revocation period provided you meet the conditions.
• You can pay reinstatement fees online for some categories of licenses by debit/credit card.