Drinking and driving

In Kentucky it is illegal to operate or be in physical control of a motor vehicle with an alcohol concentration of 0.08 or more, or while under the influence of alcohol or any other substance that impairs driving. This is driving under the influence, or DUI.

The limits

• Drivers 21 and older: 0.08 or more, based on a breath or blood test taken within two hours of driving.
• Drivers under 21: 0.02 or more. Below 0.08 the penalty is a $100 to $500 fine or 20 hours of community service, plus a license suspension.
• Commercial drivers: 0.04 or more while driving a commercial vehicle.

A test number is not required. A driver under 0.08 can be convicted if other evidence shows impairment. The law also covers any other substance that impairs driving, including prescribed medicine, and bars driving with certain listed controlled substances in the blood unless taken under a valid prescription.

Breath and blood tests

Anyone who drives in Kentucky is treated as having consented to breath, blood or urine testing when an officer has reasonable grounds to believe a DUI has occurred. This is called implied consent. Refusing a test leads the court to suspend the license at arraignment, the first court appearance. Refusing a breath test can also be used as evidence and raises the mandatory minimum jail time on a second or later conviction. A judge can order a blood test by warrant.

Penalties within ten years

Penalties increase with each offense within ten years, counted between offense dates.

• First: $200 to $500 fine, 48 hours to 30 days in jail, or both, and a six-month license suspension.
• Second: $350 to $500 fine, seven days to six months in jail and an 18-month suspension.
• Third: $500 to $1,000 fine, 30 days to 12 months in jail and a 36-month suspension.
• Fourth or later: a Class D felony, one to five years in prison with at least 120 days served, and a 60-month suspension.

Minimum jail terms rise when an aggravating circumstance is present, such as a test result of 0.15 or more, driving more than 30 miles per hour over the limit, a passenger under 12, or a crash causing death or serious physical injury. A death caused by impaired driving can be charged as vehicular homicide, a Class B felony.

Ignition interlock

An ignition interlock is a breath tester wired to the ignition that keeps a vehicle from starting when it detects alcohol above 0.02. A person suspended for DUI can apply to the Transportation Cabinet for an ignition interlock license. Going 90 or 120 consecutive days without a violation, depending on the offense, shortens the suspension.