| Kentucky DUI Law: Kentucky uses two theories to find | | | | become more severe with each offense a person |
| liability in drivers suspected of DUI. The first of these is | | | | accumulates. The look-back period is helpful in |
| the per se theory of intoxication. Under the per se rule, | | | | determining if an offender will face penalties for a first |
| any person with a blood alcohol level that exceeds | | | | offense or a subsequent offense. The penalties for a |
| .08% is per se guilty of violating the state's prohibition | | | | first DUI offense in Kentucky are a $200 to $500 fine, |
| against driving while intoxicated. The per se rule is a | | | | a service fee of $250, 48 hours to 30 days in jail, not |
| little tricky, since it does not take into account the state | | | | less than 48 hours and not more than 30 days of |
| of the driver at the time of the arrest. Proof of per se | | | | community service if the offender is eligible, driver’s |
| intoxication is typically obtained through blood or breath | | | | license suspension of 30 to 120 days, and 90 days of |
| testing, although the police may request a urine test if | | | | alcohol or drug assessment and treatment. An |
| they believe it is the best means of ascertaining the | | | | offender is eligible for a restricted work permit after 30 |
| arrestee's level of intoxication. | | | | days of a suspension. Second offenses result in |
| New bill would lower high blood-alcohol threshold for | | | | harsher penalties including $350-$500 in fines, $200 in |
| aggravated drunk driving in Kentucky. A member of | | | | service fees, seven days to six months in jail, not less |
| the Kentucky State Senate has introduced legislation | | | | than 10 days and no more than six months of |
| that would lower the blood-alcohol level for | | | | community service, one year of alcohol and drug |
| aggravated drunk driving. Kentucky drunk driving laws | | | | assessment and treatment, and 12 to 18 months of |
| establish .08% BAC as the threshold of legal | | | | license suspension. A third DUI offense in Kentucky |
| intoxication. Currently a BAC of .18% or higher is | | | | results in penalties including a fine of $500 to $1,000, 30 |
| considered an aggravated offense subject to | | | | days to 12 months in jail, not less than 10 days and no |
| additional penalties. Senate Bill 71 would establish .15% | | | | more than 12 months of community service, 24 to 36 |
| BAC as the new threshold for aggravated DUI. Under | | | | months of license revocation, and one year of |
| the legislation, a highly intoxicated first offense driver | | | | mandatory alcohol and drug treatment and |
| would be required to spend a minimum of four days in | | | | assessment. A fourth DUI offense is a class D felony |
| jail. The bill also increases the penalties for drivers | | | | in Kentucky. The offender must serve a mandatory |
| caught driving under the influence of drugs. The bill has | | | | 120 days of a jail sentence that may be from one |
| passed the Senate Judiciary Committee and will soon | | | | year to five years in length. The offender’s license |
| be introduced to the full Senate of the Kentucky | | | | will be revoked for 60 months and he or she will have |
| General Assembly. | | | | to undergo alcohol and drug assessment and |
| DUI Penalties in Kentucky: The criminal penalties | | | | treatment for one year. |
| associated with driving under the influence in Kentucky | | | | |