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Topic guideUpdated 2026-02-27

Kentucky DUI & License Suspension — What Happens

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI case in Kentucky. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §189A.200.

How the administrative suspension works

1
Arrest triggers the process
When you are arrested for DUI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process.
2
Notice is served
You receive notice of the intended suspension. The clock for requesting a hearing starts now.
3
Request a hearing
You have None (suspension is ordered by the court at arraignment; the defendant may file a motion for judicial review of the suspension) to request an administrative hearing §189A.200. If you do not request a hearing within this window, the suspension takes effect automatically.
4
Hearing (if requested)
At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

  • First-offense (failed test): None for a failed test alone (court-ordered pretrial suspension applies only on test refusal, qualifying prior offenses, or an accident causing death or serious physical injury)
  • First-offense (refusal): 30-day to 120-day license suspension (aggravated offense consequences may apply)

Restricted driving privileges

Kentucky does offer a form of restricted or limited driving privileges during or after the administrative suspension. Hardship license available after serving mandatory minimum of 30 days suspension on first offense, with IID installation required.

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement §189A.340; §189A.070

ignition interlock license is the sole license available during suspension for KRS 189A.010(1)(a), (b), (e), or (f) violations; a hardship license under KRS 189A.410 is an option only for (c) or (d) violations. The minimum IID period is device restriction lasts the KRS 189A.070(1) suspension period and, for a first offense, until 90 consecutive violation-free days are certified (120 consecutive days for subsequent offenses). Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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Kentucky DUI Defense Guide — Charges & Options
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