DUI First Offense Penalties
Under Kentucky's DUI statute, KRS 189A.010, for a first offender, either a fine or jail must be imposed. If any of the six aggravating circumstances are present, the District Court must impose a minimum jail sentence of four days.
Fine: $200-$500 (plus statutory service fee of $350.00 and other miscellaneous costs).
Jail: Not less than 48 hours nor more than 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed. If any of the six aggravating circumstances are present, the District Court must impose a minimum jail sentence of four days. But, first-time DUI offenders are exempt from aggravated penalties for failure to submit to blood, breath, or urine testing.
License Suspension: For Kentucky residents who are 21 and over when arrested, a District Court will impose a license suspension between 30 and 120 days. An offender must complete alcohol treatment before driving privileges are reinstated.
Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours or more than 30 days.
Hardship Privileges: A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated. The District Court shall not issue a hardship license to a person who has refused to take an alcohol concentration or substance test or tests offered by a law enforcement officer.
Alcohol and Drug Assessment and Treatment: 90 days. Out-of-state treatment programs must be approved by the Cabinet for Human Resources.