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Topic guideUpdated 2026-02-27

Kentucky DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Kentucky escalate significantly with each subsequent offense and with aggravating factors like high BAC §189A.010. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense §189A.010

A first DUI in Kentucky is classified as a Class B misdemeanor.

  • Jail: 48 hours minimum to 30 days maximum
  • Fine: $200 to $500
  • License suspension: 90 days to 6 months
  • Substance abuse program: alcohol or substance abuse education program and assessment required
  • Community service: 48-hour community labor may substitute for mandatory jail
  • Probation: available

Second offense

  • Jail: 7 days minimum to 6 months maximum
  • Fine: $350 to $500
  • License suspension: 12 to 18 months

Third and subsequent offenses

  • Jail/prison: 30 days minimum to 12 months maximum
  • Fine: $500 to $1,000
  • License suspension: 24 to 36 months
  • Felony threshold: fourth offense within 10 years is a Class D felony (1-5 years prison)

Penalty comparison by offense tier

OffenseJail RangeFine RangeLicense Suspension
First DUI48 hours–30 days §189A.010$200–$500 §189A.01090 days to 6 months §189A.010
Second DUI7 days–6 months §189A.010$350–$500 §189A.01012 to 18 months §189A.010
Third DUI30 days–12 months §189A.010$500–$1,000 §189A.01024 to 36 months §189A.010

Lookback period

Kentucky uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors

  • BAC ≥ 0.15 (mandatory 4-day jail for first offense)
  • Speeding 30+ mph over limit
  • Wrong way on divided highway
  • Child under 12 in vehicle
  • Causing accident resulting in injury

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.
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.

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