Statute

Kentucky Revised Statute (KRS) 189A.010 defines DUI as operation of a motor vehicle with blood alcohol content (BAC) of .08 or greater. For people under 21 years of age, the BAC must be only .02.

Felony DUI

In Kentucky, a DUI is a Class D felony when it is the fourth DUI conviction in a time period of five years. Each subsequent DUI in a five-year period also counts as a Class D felony.

Imprisonment

Felony DUI in Kentucky carries a minimum sentence of 180 days of imprisonment without parole. The minimum sentence is 240 days if aggravating factors are present. Aggravating factors include driving in the wrong direction, exceeding the speed limit by 30 mph or more, or causing an accident involving serious injury or death.

Other Punishment

A felony DUI conviction also results in a 60-month driver's license suspension. The convicted person must attend an alcohol-abuse treatment program for a year.

Implied Consent

Kentucky has an implied consent law, meaning that anyone driving a car consents to blood alcohol testing upon demand by an officer. Refusing a Breathalyzer test will not protect a driver from a DUI charge and may result in driver's license suspension.

Source:

Kentucky Statute 189A.010

DUI Penalties